95-12370. Final NPDES General Permit for Offshore Oil and Gas Operations on the Outer Continental Shelf (OCS) and State Waters of Alaska: Arctic NPDES General Permit (No. AKG284200)

[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Notices]
[Pages 27508-27523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12370]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5209-1]

Final NPDES General Permit for Offshore Oil and Gas Operations on
the Outer Continental Shelf (OCS) and State Waters of Alaska: Arctic
NPDES General Permit (No. AKG284200)

AGENCY: Environmental Protection Agency.

ACTION: Notice of final NPDES general permit.

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SUMMARY: The Regional Administrator, Region 10, is issuing the final
Arctic National Pollutant Discharge Elimination System (NPDES) general
permit which will authorize offshore oil and gas stratigraphic test and
exploration wells in the federal and state waters of the Beaufort and
Chukchi Seas. Development and production wells are not authorized to
discharge by this general permit.
Notice of the draft Arctic general permit was published September
20, 1995 (59 FR 48314-48324) and in two Alaskan newspapers. A brief
description of the basis for the conditions and requirements of the
proposed permit is given in the fact sheet published at the
aforementioned Federal Register citation.
The final permit which follows establishes effluent limitations,
standards, prohibitions, and other conditions on discharges from
facilities in the area of coverage. The conditions are based on
material contained in the administrative record. Changes made in
response to comments received during the public comment period are
addressed in full in a document entitled ``Response to Comments
Received on the Proposed Issuance of the Arctic General NPDES Permit.''
This document is being sent to all commenters and is available to other
parties upon request at the address provided in this document.

DATES: The general permit shall become effective June 23, 1995.

ADDRESSES: Unless other wise noted in the permit, correspondence
regarding this permit should be sent to Environmental Protection
Agency, Region 10, Attn: Ocean Programs Section, WD-137, 1200 Sixth
Avenue, Seattle, Washington, 98101.
Administrative Record: The administrative record for the final
permit is available for public review at EPA, Region 10, at the
preceding address.

FOR FURTHER INFORMATION CONTACT: Anne Dailey, of Region 10, at the
preceding address or telephone (206) 553-2110. Copies of the final
general permit, the response to comments, and today's publication will
be provided upon request from the Region 10 Public Information Center
at 1-800-424-4EPA (4372) or 206-553-1200.

SUPPLEMENTARY INFORMATION:

Organization of This Notice

I. Introduction
II. Basis for Permit Conditions
III. Changes Made from Draft to Final Permit
IV. Other Legal Requirements
A. Oil Spill Requirements
B. Endangered Species Act
C. Coastal Zone Management Act
D. Marine Protection, Research and Sanctuaries Act
E. State Water Quality Standards and State Certification
F. Executive Order 12291
G. Paperwork Reduction Act
H. Regulatory Flexibility Act
V. References
Appendix A: List of Changes from Draft to Final Permit

I. Introduction

EPA issues this general permit pursuant to its authority under
sections 301(b), 304, 306, 307, 308, 401, 402, 403, and 501 of the
Clean Water Act and the U.S. Coast Guard regulations (33 CFR part 151).
This permit authorizes discharges from oil and gas stratigraphic and
exploratory wells in the area of coverage on the Alaskan Outer
Continental Shelf and contiguous state waters in the Beaufort and
Chukchi Seas. The area of coverage is defined as Federal waters of the
Beaufort Sea and Chukchi Sea planning basins as defined by Minerals
Management Service (MMS) (see U.S. Dept. of the Interior, 1992) and
State waters contiguous to the landward boundary of the Beaufort Sea
and Chukchi Sea planning basins.
Public notice for the draft permit was published in the Federal
Register on September 20, 1994 (59 FR 48314-48324) and in the Anchorage
Times and [[Page 27509]] in the Arctic Sounder on September 20, 1994.
The comment period was scheduled to close on November 21, 1994. In
response to requests, the comment period was formally extended to close
January 20, 1995. Public hearings were tentatively scheduled to be held
in Barrow and Anchorage, Alaska but were canceled due to lack of
interest.
The following parties submitted written comments: Alaska and
Inuvialuit Beluga Whale Committee, Alaska Oil and Gas Association,
American Petroleum Institute, Baker Hughes Inteq, British Petroleum,
Exxon Exploration Company, Marathon Oil Company, Charles Etok
Edwardsen, Jr., James McCollough, M-I Drilling Fluids, National Marine
Fisheries Service, Native Village of Point Lay, Alaska, North Slope
Borough, Trustees for Alaska, U.S. Department of Energy, U.S.
Department of the Interior, and Unocal Energy Resources Division.

II. Basis for Permit Conditions

Section III of the fact sheet for the draft permit (59 FR 48315-
48317, September 20, 1995) is incorporated by reference, as
supplemented and amended below. The fact sheet for the draft permit,
the response to comments document, the final Ocean Discharge Criteria
Evaluation, and the 401 Certification issued by the State of Alaska set
forth the principal facts and the significant factual, legal, and
policy questions considered in the development of the terms and
conditions of the final permit.

III. Changes Made From Draft to Final Permit

Changes have been made from the draft permit to the final permit in
response to public comments received on the draft permit, the final
consistency determination from the State of Alaska, and the final 401
Certification from the State of Alaska. In developing the final permit,
Region 10 has considered all comments received. Every attempt has been
made to thoroughly respond to comments raised during the comment period
in the response to comments document, which is available upon request.
In some instances, minor wording changes have been made to the proposed
permit language in order to clarify some points as a result of
comments. In response to other comments, there have been substantive
changes made to the permit.
The following identifies several specific areas of change, among
others, which have been embodied in the final permit: The mud plan
requirements have been refined and clarified; toxicity testing
requirements have been clarified; discharge restrictions have been
placed on Omalik Lagoon, Naokok Pass, and Pingaorarok Pass; the areas
requiring environmental monitoring have been revised and clarified;
additional controls on sanitary wastes have been included, and a
prohibition on the discharge of putrescible wastes has been added. Many
comments were made regarding the Best Management Practices Plan
requirements and several changes were made in response to comments.
Appendix A to this notice identifies the changes made from the draft to
the final permit. The detailed response to public comments is available
upon request from the Region 10 Public Information Center at 1-800-424-
4EPA (4372), 1-206-553-1200, or from the address listed above.
IV. Other Legal Requirements

A. Oil Spill Requirements

Oil spill requirements in the final permit have been modified to
reflect Executive Order 12777 which implements provisions of the Oil
Pollution Act of 1990. E.O. 12777 removed offshore facilities from
jurisdiction under EPA and placed them under Department of Interior
(DOI) jurisdiction. Specifically within DOI, Minerals Management
Service has the responsibility.
Offshore operators are now required to submit Oil Spill Contingency
Plans to MMS for review. Additionally, operators in state waters are
required to submit Oil Discharge Prevention and Contingency Plans to
the Alaska Department of Environmental Conservation for review. With
the new requirements, operators in federal or state waters are no
longer required to develop Spill Prevention, Control, and Contingency
(SPCC) plans under section 311 of the Act.

B. Endangered Species Act

EPA has informally consulted with the U.S. Fish and Wildlife
Service (USFWS) and the National Marine Fisheries Service (NMFS)
pursuant to section 7 consultation of the Endangered Species Act (ESA).
EPA has addressed ESA issues in the Final Ocean Discharge Criteria
Evaluation (U.S. EPA, 1995a) and the Final Biological Evaluation (U.S.
EPA, 1995b) for the area of coverage. Based upon information in the
aforementioned documents, Region 10 concluded that this final permit is
not likely to adversely affect any endangered or threatened species nor
adversely affect its critical habitat. EPA requested comments from
USFWS and the NMFS on this determination. Comments raised by the USFWS
and NMFS have been addressed. Both agencies concurred in writing with
EPA's determination of no adverse effect.

C. Coastal Zone Management Act

The proposed permit and consistency determination were submitted to
the State of Alaska for state interagency review at the time of public
notice. The State of Alaska has concurred that the activities allowed
by this permit are consistent with local and state Coastal Management
Plans.

D. Marine Protection, Research and Sanctuaries Act

No marine sanctuaries as designated by this Act exist in the
vicinity of the permit areas.

E. State Water Quality Standards and State Certification

The State of Alaska has certified pursuant to section 401 of the
Clean Water Act that the discharges authorized in state waters by this
permit comply with state water quality standards and regulations. All
conditions and stipulations included in the certification have been
included in the final permit.

F. Executive Order 12866

The Office of Management and Budget has exempted this action from
the review requirements of Executive Order 12866 pursuant to section
8(b) of that order.

G. Paperwork Reduction Act

EPA has reviewed the requirements imposed on regulated facilities
in this draft general permit under the Paperwork Reduction Act of 1980,
44 U.S.C. 3501 et seq. The information collection requirements have
already been approved by the Office of Management and Budget (OMB) in
submissions made for the NPDES permit program under the provisions of
the Clean Water Act. In addition, the environmental monitoring
requirements pursuant to section 403(c) of the Clean Water Act in Part
II.B.4. of this permit are similar to the monitoring requirements that
were approved by OMB for the previously issued Beaufort Sea II and
Chukchi Sea general permits.

H. The Regulatory Flexibility Act

After review of the facts presented in the notice of intent printed
above, I hereby certify, pursuant to the provisions of 5 U.S.C. 605(b),
that this general permit will not have a significant impact on a
substantial number of small entities. This [[Page 27510]] certification
is based on the fact that the regulated parties have greater than 500
employees and are not classified as small businesses under the Small
Business Administration regulations established at 49 FR 5024 et seq.
(February 9, 1984). These facilities are classified as Major Group 13--
Oil and Gas Extraction SIC 1311 Crude Petroleum and Natural Gas.

Dated: April 12, 1995.
Chuck Clarke,
Regional Administrator, Region 10.
V. References

U.S. Department of the Interior. 1992. Outer Continental Shelf
Natural Gas and Oil Resource Management: Comprehensive Program
(1992-1997). Proposed Final. Minerals Management Service.
U.S. EPA. Region 10. 1995a. Final Ocean Discharge Criteria
Evaluation. Prepared with assistance from Tetra Tech, Inc. February
1995.
U.S. EPA. Region 10. 1995b. Final Biological Evaluation. Prepared
with assistance from Tetra Tech, Inc. February 1995.

Appendix A: List of Changes Made From the Draft to Final Permit

Below is a list of final permit sections which have been modified
since the draft permit was proposed. Along with each permit section
identified below, the specific response to comment number and/or the
certification stipulation which explains the rationale and basis for
the change is noted.

Cover Page
Response to comment 22
Part I.A.
401 Certification, Stipulation 1
Part I.F.
401 Certification, Stipulation 2
Part II.A.1.
Footnote 1, 401 Certification, Stipulation 3
Footnote 2, Response to comment 11(c)
Footnote 3, 401 Certification, Stipulation 4
Footnote 4, Response to comment 30(a)
Part II.A.1.c.
Response to comment 11(c)
Part II.A.1.d.
401 Certification, Stipulation 5 and Response to comment 12
Part II.A.1.e.
Response to comment 12
Part II.A.1.g.
Response to comment 13(a)
Part II.A.1.h.
Response to comment 14(a)
Part II.A.1.k.
Response to comment 8(d)
Part II.A.3.b.
Response to comment 1(b) and 2
Part II.A.4.
Response to comment 5(c)
Part II.B.
Table, 401 Certification, Stipulation 6
Footnote 2, Response to comment 11(c)
Footnote 5, 401 Certification, Stipulation 7
Footnote 7, 401 Certification, Stipulation 8
Part II.C.
Response to comment 22
Part II.C.1.
Response to comment 11(c)
Part II.D.
Footnote 2, Response to comment 11(c) and 401 Certification,
Stipulation 9
Part II.E.4.
401 Certification, Stipulation 10
Part II.F.4.
Update reference to current document
Part II.F.4.d.
Response to comment 26(n)
Part II.F.5.
401 Certification, Stipulation 11
Part II.F.6.
401 Certification, Stipulation 12
Part III.F.
401 Certification, Stipulation 13
Part VI.45.
Response to comment 17
Part VI.49.
401 Certification, Stipulation 8 and 10
Part VI.52.
Response to comment 30(a)
Part VI.58.
Response to comment 30(a)
Part VI.
Definition numbers have been changed to reflect the additional
definitions.
Part VII.
A reference section is now included

Final NPDES General Permit, U.S. Environmental Protection Agency, 1200
Sixth Avenue, Seattle, Washington 98101

AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM FOR OIL AND GAS EXPLORATION FACILITIES ON THE OUTER
CONTINENTAL SHELF AND CONTIGUOUS STATE WATERS
In compliance with the provisions of the Clean Water Act, 33 U.S.C.
1251 et seq., the following discharges are authorized in accordance
with this National Pollutant Discharge Elimination System (``NPDES''):

------------------------------------------------------------------------
Discharge
Discharge name No.
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Drilling Fluid and Drilling Cuttings......................... 001
Deck Drainage................................................ 002
Sanitary Wastes.............................................. 003
Domestic Wastes.............................................. 004
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 Seafloor............................ 013
Test Fluids.................................................. 014
------------------------------------------------------------------------

From oil and gas exploratory facilities in offshore areas (defined
in 40 CFR part 435, subpart A), to all federal waters of the U.S.
located in the Beaufort Sea and Chukchi Sea planning basins as defined
by U.S. Department of Interior, Minerals Management Service (1992) and
to all state waters contiguous to the Beaufort Sea and Chukchi Sea
Minerals Management Service planning areas in accordance with effluent
limitations, monitoring and reporting requirements, and other
conditions set forth in Parts I through V herein. The discharge of
pollutants not specifically set out in this permit is not authorized.
Permittees who do not request and receive coverage under this general
permit as described in Part I are not authorized to discharge to the
specified waters unless an individual NPDES permit has been issued to
the permittee by EPA, Region 10.
This permit shall be modified or revoked at any time if, on the
basis of any new data, the Director determines that such data 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 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 in accordance with section 403(c) and as
promulgated in 40 CFR part 125, subpart M.
Under 40 CFR 122.44(c)(3), if an applicable standard or limitation
is promulgated under sections 301(b)(2)(C) and (D), 304(b)(2), and
307(a)(2) and that effluent standard or limitation is more stringent
than any effluent limitation in the permit or controls a pollutant not
limited in the permit, the permit shall be promptly modified or revoked
and reissued to conform to that effluent standard or limitation.
This permit shall become effective on June 23, 1995.
This permit and the authorization to discharge shall expire at
midnight on June 23, 2000.

Signed this 12th day of April 1995.
Chuck Clarke,
Regional Administrator.

Table of Contents

I. Notification Requirements
A. Requests for Coverage and Authorization to Discharge Under
the General Permit
B. Authorization to Discharge
C. Notice of Intent to Commencement of Discharges
D. Sites Requiring Environmental Surveys
E. Termination of Discharges
F. Submission of Requests for Coverage and Authorization, Notice
of Intent to Commence Discharge, and Other Reports [[Page 27511]]
G. Changes from Authorization Under General Permit to
Authorization Under an Individual Permit
II. Specific Limitations and Monitoring Requirements
A. Drilling Mud and Drilling Cuttings (Discharge 001)
B. Deck Drainage, Sanitary Wastes, and Domestic Wastes
(Discharges 002-004)
C. Miscellaneous Discharges (Discharges 005-013)
D. Test Fluids (Discharge 014)
E. General Discharge Limitations for All Waste Streams (001
through 014)
F. Best Management Practices Plan Requirement
III. Monitoring, Recording and Reporting Requirements
A. Representative Sampling (Routine and Non-Routine Discharges)
B. Reporting of Monitoring Results
C. Monitoring Procedures
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
IV. 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
V. General Provisions
A. Permit Actions
B. Duty to Reapply
C. Duty to Provide Information
D. Other Information
E. Signatory Requirements
F. Availability of Reports
G. Inspection and Entry
H. Oil and Hazardous Substance Liability
I. Property Rights
J. Severability
K. Transfers
L. State Laws
M. Reopener Clause
VI. Definitions and Acronmyms
VII. References
I. Notification Requirements

This permit does not authorize the discharge of pollutants to
waters of the United States until the following three requirements,
which are set out in more detail in subparagraphs A. through C. below,
are met. First, the permit applicant must send in a request to be
covered by the permit and authorization to discharge. Second, the
applicant must receive from EPA an authorization to discharge. Third,
once authorized, the permittee must notify EPA of its intent to
discharge at least seven days in advance of the discharge. Failure to
comply with any of these requirements will vitiate any prior
authorization to discharge under this general permit.

A. Requests for Coverage and Authorization to Discharge Under the
General Permit

Persons requesting coverage under this general permit shall provide
to EPA written request to be covered by this permit at least 60 days
prior to initiation of discharges. All requests for coverage and
authorization to discharge under the general permit shall be provided
to the Alaska Department of Environmental Conservation Joint Pipeline
Regional Office in Anchorage. The request shall include the following
information:
1. Name and address of the permittee.
2. Lease and block numbers of operations and discharges.
3. Any discharge or operating conditions which will require special
monitoring (Part II.A.4.).

B. Authorization to Discharge

The permittee's discharges are not authorized until the permittee
receives from EPA written notification that EPA has assigned a permit
number under this general permit to operations at the discharge site. A
permit number cannot be assigned until the following information is
received. This information shall be provided to EPA in the request for
coverage, if possible, but in no case less than 30 days prior to
commencement of discharges.
1. Name and location of discharge site, including lease block
number and approximate coordinates.
2. Range of water depths (below mean lower low water) in lease
block, and depth of discharge.
3. Initial date and expected duration of operations.

C. Notice of Intent to Commencement of Discharges

The permittee shall notify EPA, Region 10, no later than 7 days
prior to initiation of discharges from the facility and from each well.
The notification shall include the exact coordinates (latitude and
longitude) and water depth of the discharge site, and may be oral or in
writing. The Certification of Planning for Drilling Muds (see Part
II.A.1.f.) and the Best Management Practices Plan Certification (see
Part II.F.1.) shall also be submitted no later than the notification of
commencement of discharges. If notification is given orally, written
confirmation must follow within 7 days.

D. Sites Requiring Environmental Surveys

All operators that locate within the areas covered by this general
permit shall submit to EPA copies of any exploration plans, biological
surveys, and/or environmental reports required by the Regional
Supervisor, Field Operations of the Minerals Management Service, State
of Alaska, for the identification and/or protection of biological
populations or habitats. Permittees shall notify Region 10 in writing
when no exploration plan or environmental report will be sent.

E. Termination of Discharges

The permittee shall notify EPA within 30 days following cessation
of discharges from each well and from the discharge site. The
notification may be provided in a DMR or under separate cover.

F. Submission of Requests for Coverage and Authorization, Notice of
Intent to Commence Discharge, and Other Reports

Reports and notifications required herein shall be submitted to the
following addresses.
All requests for coverage and authorization and notices of intent:

Director, Water Division, U.S. Environmental Protection Agency, Reg.
10, Attn: Ocean Programs Section, WD-137, 1200 Sixth Avenue, Seattle,
Washington 98101, (206) 553-1583
Alaska Department of Environmental Conservation, Pipeline Corridor
Regional Office, Attn: Water Quality and Wastewater Programs, 411 West
4th Ave., Suite 2C, Anchorage, Alaska 99501

All monitoring reports and notifications of non-compliance:

Director, Water Division, U.S. Environmental Protection Agency, Reg.
10, Attn: Water Compliance Section, WD-135, 1200 Sixth Avenue, Seattle,
Washington 98101, (206) 553-6513

G. Changes from Authorization Under General Permit to Authorization
Under an 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) is (are) a significant contributor of
pollution.
b. The permittee is not in compliance with the conditions of this
general permit. [[Page 27512]]
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. A Water Quality Management Plan containing requirements
applicable to such point source is approved.
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 wastes,
(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 shall 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 authorization to
discharge under this general permit is automatically terminated on the
effective date of the individual permit.

II. Specific Limitations and Monitoring Requirements

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. This permit does not authorize the discharge of any pollutants
not specifically set out in Part II.A.1. of this permit.
The operators shall limit discharges as specified in the permit
below. All figures represent maximum effluent limits unless otherwise
indicated. The permittee shall 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. Drilling Mud and Drilling Cuttings (Discharge 001)

1. Effluent Limitations and General Requirements
The permittee may discharge drilling muds and drilling cuttings
subject to the effluent limitations and related requirements set forth
herein. Permittee shall limit and monitor the following parameters in
accordance with Parts II.A.2.-4., II.E., III., and the requirements set
out herein.

Effluent Limits and Monitoring Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effluent characteristic Discharge limitation Measurement frequency Sample type/method Reported value(s)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Toxicity...................... 30,000 ppm SPP minimum... See Part II.A.1.g.,k..... Drilling Fluids Toxicity 96 hr LC50.
Test.
Flow rate/Water depth \1\
0-5 meters................ No discharge............. Hourly during discharge.. Estimate................ Maximum hourly rate.
>5-20 meters.............. 500 bbl/hr...............
>20-40 meters............. 750 bbl/hr...............
>40 meters................ 1000 bbl/hr..............
Oil-based fluids.............. No discharge............. Daily and before bulk Grab/Static Sheen Test Presence or absence.
discharges. \2\.
Diesel oil \3\................ No discharge............. Daily and before bulk Grab/GC................. Presence or absence.
discharges.
Free oil...................... No discharge............. Daily and before bulk Grab/Static Sheen Test Number of days sheen observed.
discharge. \2\.
Hg and Cd In barite........... 1 mg Hg/kg barite, 3 mg Once per well............ AAS..................... Concentrations (mg/kg, dry wt.).
Cd/kg barite.
Total volume.................. (\4\).................... Daily.................... Estimate................ Monthly total.
Mud plan...................... NA....................... Prior Certification...... See Parts II.A.d.,e.,f.. NA.
Chemical inventory............ NA....................... Once/mud system.......... See Part II.A.i......... NA.
Chemical analysis............. NA....................... Once/mud system.......... See Part II.A.j......... NA.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Maximum flow rate of total muds and cuttings into waters of given depths and under open water, broken ice, and stable ice conditions. A 9:1
predilution is required in open water, under-ice, and unstable or broken ice conditions.
\2\ For discharges during stable ice, below ice, to unstable ice or broken ice conditions, a water temperature that approximates surface water
temperatures after breakup shall be used.
\3\ The measurement for diesel oil is daily if muds and cuttings fail static sheen test, before bulk discharges, and end-of-well.
\4\ Exploratory drilling discharges are limited to discharges from no more than five wells at a single drilling site. If a step-out or sidetracked well
is drilled from a previously drilled well hole, the step-out well is counted as a new well. Requests to discharge the wastes from more than five wells
per site will be considered by the Director on a case-by-case basis.

a. No discharge of oil-based muds. Permittee shall not discharge
oil-based drilling muds (containing oil as the continuous phase with
water as the dispersed phase).
b. No discharge of diesel oil. Permittee shall not discharge water-
based drilling muds which have contained diesel oil or cuttings
associated with any muds which have contained diesel oil. Compliance
with the limitation on diesel oil shall 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 II.A.1.c.
below). In all cases, the determination of the presence
[[Page 27513]] or absence of diesel oil shall 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 shall 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.
The end-of-well analysis for diesel oil shall be done in
conjunction with the end-of-well analyses required in Part II.A.1.j.
The results and raw data, including the spectra, from the GC analysis
shall 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 45 days of well
completion.
c. No discharge of free oil. There shall be no discharge of free
oil as a result of the discharge of drill cuttings and/or drilling
muds. The permittee shall perform the Static Sheen Test on separate
samples of drilling muds and cuttings on each day of discharge and
prior to bulk discharges. The test shall be conducted in accordance
with ``Approved Methodology'': Laboratory Sheen Tests for the Offshore
Subcategory, Oil and Gas Extraction Industry `` which is appendix 1 of
subpart A of 40 CFR part 435. For discharges during stable ice, below
ice, to unstable ice or broken ice conditions, a water temperature that
approximates surface water temperatures at breakup shall be used. The
discharge of drilling muds or cuttings which fail the Static Sheen Test
is prohibited.
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 shall be performed according to Part II.A.1.b.
above.
d. Planned discharge of drilling muds and additives--Mud Plan. The
permittee shall develop and have on-site at all times a written
procedural plan for the formulation and control of drilling mud/
additive systems (hereafter ``the mud plan''). The mud plan must
specify the mud/additive systems to be used. The plan shall be
implemented during drilling operations.
The mud plan shall be available to the Agency upon request. Prior
to commencement of discharges from a given operation, the permittee
shall provide EPA and ADEC with written certification that a mud plan
does exist and is available to the agencies (See Parts I.C. and
II.A.1.f. of the permit).
At a minimum, the mud plan shall provide the following information:
(1) Types of muds proposed for discharge, the well name, well
number, NPDES permit number and mud types as basic plan identification
for each well drilled.
(2) Specific for use at each well and mud type, a list including
commercial product names, descriptions of the products, and the maximum
proposed discharge concentrations for each product. Concentrations
shall be commonly stated in terms of ``lb/bbl,'' ``gal/bbl;'' although
``% (wt)'' or ``% v/v'' (% volume oil/volume mud) may be appropriate in
some instances. Each mud/additive system shall be clearly labelled with
respect to mud type (e.g., KCl/polymer mud, freshwater lignosulfonate
mud). Components of the basic mud shall be listed separately from
specialty or contingency additives which may be used.
(3) A record of the operator's determination of how discharge is
expected to comply with the 30,000 ppm SPP toxicity limitation.
Operator's determination must be based upon, but not necessarily
limited to, the following criteria:
(a) Estimate of worst-case cumulative discharge toxicity based on
additive toxicity estimations or commercially calculated discharge
toxicity estimations.
(b) Estimations of discharge toxicity based on the use of mineral
oil pills (and subsequent discharge of residual mineral oil
concentrations (see Part II.A.1.g. below) must be estimated separately
from the proposed mud/additive system.
(c) Where possible, overall toxicity shall be minimized.
(4) A clearly stated procedure for determining whether or not an
additive not originally planned for or included in toxicity estimations
above may be used and discharged.
(5) An outline of the mud planning process which shall be
consistent with other permit requirements. Names and titles of
personnel responsible for the mud planning process shall be included.
e. Drilling mud and additive formulations. Only those drilling
muds, specialty additives, and mineral oil pills that meet the criteria
of this permit and are contained in the operator's mud plan (see Part
II.A.1.d. above) shall be discharged. In no case shall toxicity of the
discharged mud exceed the toxicity limit of 30,000 ppm SPP (see Part
II.A.1. above).
f. Certification of planning for drilling mud discharge. For each
well the operator shall submit written certification which states that
a mud plan is complete, on-site, and available upon request. In
addition, each certification shall identify the well it pertains to by
well name, well number, and the NPDES permit number. The certification
shall be submitted no later than the written notice of intent to
commence discharge (see Part I.C.).
If the operator elects to use a particular drilling mud/additive
system on subsequent wells, the original mud plan may be re-used.
Information identifying the plan (see Part II.A.1.d(1), above),
however, must reflect use of the plan for the current well.
g. Restrictions on the use of a mineral oil pill in drilling fluid.
The discharge of residual amounts of mineral oil pills (mineral oil
plus additives) is authorized by this 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 the waters of the United States. In the event that
more than one pill is applied to a single well, the previous pill and
buffer shall be removed prior to application of a subsequent pill.
Residual mineral oil concentration in the discharged mud shall not
exceed 2% v/v (API Retort Test) (see Part II.A.1.g.[9] below). The
discharged mud must comply with all permit conditions, including no
discharge of free oil.
Should drilling mud containing residual mineral oil pill (after
pill and buffer removal) be discharged, the following information shall
be reported within 60 days of discharge:
(1) Dates of pill application, recovery, and discharge;
(2) Results of the Drilling Fluids Toxicity Test on samples of:
(a) The mud before each pill is added and
(b) The mud after removal of each pill and buffer (taken when
residual mineral oil pill concentration is expected to be greatest)
(3) Name of spotting compound and mineral oil products used;
(4) Volumes of spotting compound, mineral oil, water, and barite in
the pill;
(5) Total volume of mud circulating prior to pill application,
volume of pill formulated, and volume of pill circulated;
(6) Volume of pill recovered, volume of mud buffer recovered, and
volume of mud circulating after pill and buffer recovery;

[[Page 27514]]

(7) Percent recovery of the pill (include calculations);
(8) 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;
(9) Measured oil content of the mud samples, as determined by the
API retort method; and
(10) An itemization of other drilling fluid specialty additives
contained in the discharged mud.
h. Mercury and cadmium content of barite. The permittee shall not
discharge a drilling mud to which barite was added if such barite
contained mercury in excess of 1 mg/kg or cadmium in excess of 3 mg/kg
(dry weight basis). The permittee shall 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 Discharge Monitoring Report
upon well completion. 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 will meet the above limits. The
concentration of the mercury and cadmium in the barite shall be
reported on the DMR as documented by the supplier. Analyses shall be
conducted by atomic absorption spectrophotometry and results expressed
as mg/kg (dry weight) of barite.
i. Chemical inventory. For each mud system discharged, the
permittee shall maintain a precise chemical inventory of all
constituents added downhole, including all drilling mud additives used
to meet specific drilling requirements. The permittee shall report the
following for each mud system:
(1) Base mud type (as identified in mud plan);
(2) Name and total amount of each constituent in discharged mud;
(3) The total volumes of mud created and added downhole; and
(4) Maximum concentration of each constituent in the discharged
mud.
In addition, for each mud system discharged, the permittee shall
report the following:
(5) The total volumes of mud discharged; and
(6) The estimated amount of each constituent discharged.
j. Chemical analysis. The permittee shall analyze each discharged
mud system containing a mineral oil lubricity and/or spotting agent.
Samples shall be collected when the mineral oil additive concentration
is at its maximum value. 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 the toxicity
testing described below in Part II.A.1.k.
The chemical analysis shall include the following metals: Barium,
cadmium, chromium, copper, mercury, zinc, and lead. The total
concentration and total recoverable concentration shall be conducted on
split samples and reported for each metal and shall be obtained by the
methods given 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.
In addition, permittees shall analyze mud samples for oil content
(percent by weight and by volume). The analytical method shall be the
retort distillation method for oil (American Petroleum Institute,
Recommended Practice 13-1, 1990).
Results of chemical analyses shall be submitted within 45 days
following well completion. Results shall be submitted with the end-of-
well chemical inventory, see Part II.A.1.i., and shall identify the
corresponding mud system from the end-of-well inventory.
k. Toxicity test. If no mineral oil is used, the toxicity test
shall be conducted monthly to determine compliance with the toxicity
limit. At end-of-well, a sample shall be collected for toxicity
testing. This sample can also serve as the monthly monitoring sample.
The sample shall be a representative subsample of that collected for
chemical analysis (see Part I.A.1.j.). The permittee shall complete a
minimum of two toxicity tests on each mud system where a mineral oil
lubricity or spotting agent is used. One sample shall be collected
before applying the pill and one after removing the pill (see Part
II.A.1.g.). 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.
The testing and reporting of results shall be in accordance with
appendix 2 to subpart A of 40 CFR Part 435. Results of toxicity tests
shall be reported on monthly DMRs. Full copies of the toxicity test
reports shall be attached to the DMRs and be accompanied by an
inventory of all base mud components and specialty additives present in
the sampled mud (including concentrations of each). Results are due
within 45 days following well completion.
2. Depth-Related Requirements
The total drilling muds and drill cuttings discharge rate shall not
exceed the following rates where depth is measured as meters from mean
lower low water (MLLW): (a) 1000 bbl/hr in water depths exceeding 40
meters, (b) 750 bbl/hr in water depths greater than 20 meters but not
exceeding 40 meters, (c) 500 bbl/hr in water depths greater than 5
meters but not exceeding 20 meters, and (d) discharge of muds and
cuttings are prohibited between the shore (mainland and barrier
islands) and the 5 meter isobath.
3. Area and Seasonal Restrictions
a. Discharge is not authorized within 1000 meters of the
Steffansson Sound Boulder Patch (near the mouth of the Sagavanirktok
River) or between individual units of the Patch where the separation
between units is greater than 2000 meters but less than 5000 meters.
The Boulder Patch is defined as an area which has more than 10 percent
of a one-hundred-square-meter area covered by boulders to which kelp is
attached.
b. Discharge is not authorized within Omalik Lagoon, Kasegaluk
Lagoon or within 3 miles of the following passes of the Kasegaluk
Lagoon: Kukpowruk Pass, Akunik Pass, Utukok Pass, Icy Cape Pass,
Alokiakatat Pass, Naokok Pass, and Pingaorarok Pass.
c. Discharge is prohibited within 1000 meters of river mouths or
deltas during unstable or broken ice or open water conditions.
d. During open-water conditions, discharge in the area from the 5
to 20 meters isobaths as measured from MLLW shall be released no deeper
than 1 meter below the surface of the receiving water.
e. During unstable or broken ice conditions, the following
conditions apply for discharges shoreward of the 20 meters isobath as
measured from MLLW:
(1) Discharge shall be prediluted to a 9:1 ratio of seawater to
drilling muds and cuttings.
(2) Environmental monitoring is required as specified in Part
II.A.4. below.
f. During stable ice conditions, unless authorized otherwise by the
Director, the following conditions apply:
(1) Discharges shall be to above-ice locations and shall avoid to
the [[Page 27515]] maximum extent possible areas of sea ice cracking or
major stress fracturing.
(2) Predilution and flow rate restrictions do not apply.
4. Environmental Monitoring Requirements
a. Purpose/areas to be monitored. Monitoring is required in the
following areas which have been identified as requiring further
information on the fate and, in some cases, the effects of discharged
drilling muds. If the location authorized for discharge of drilling
muds and drill cuttings is within 4000 meters of the following areas,
then environmental monitoring is required:
(1) Below-ice to water depths shallower than 20 meters as measured
from MLLW,
(2) The Steffansson Sound Boulder Patch (see Part II.A.3.a. of this
permit for further definition),
(3) The protected areas of Kasegaluk Lagoon and the seven
identified passes (see Part II.A.3.b. for further definition),
(4) Omalik Lagoon, or
(5) River mouths or deltas during unstable or broken ice or open
water conditions.
b. Objectives. The objectives of the monitoring shall 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.
The monitoring shall include, but not be limited to, relevant
hydrographic, sediment hydrocarbon, and heavy metal data from surveys
conducted before and during drilling mud disposal operations and up to
at least one year after drilling operations cease.
c. Detailed monitoring proposal. The Permittee shall submit a plan
of study for the environmental monitoring program to EPA and ADEC for
review with or prior to submission of the written request for
authorization to discharge (Part I.B.). EPA and ADEC may require
changes in the monitoring program's design. Copies of the study plan
shall be sent concurrently to the North Slope Borough. The plan shall
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.
d. Reporting and data submission requirements. The Permittee shall
analyze the data and submit a draft report by within 180 days following
the completion of sample collection. Copies of the draft report shall
be sent concurrently to ADEC and the North Slope Borough. The report
shall 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 shall 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.
EPA and ADEC 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 shall complete them and submit the final report
to EPA and ADEC within two months of the Director's request. Copies of
the final report shall be sent concurrently to the North Slope Borough.
The Permittee will be required to correct, repeat and/or expand
environmental monitoring programs which have not fulfilled the
requirements of the permit.
e. Modification of monitoring program. monitoring program may be
modified if EPA and ADEC, in consultation with the North Slope Borough,
determine that it is appropriate. The modified program may include
changes in (1) sampling stations, (2) sampling times, and/or (3)
parameters.

B. Deck Drainage, Sanitary Wastes, and Domestic Wastes (Discharges 002-
004)

Permittees shall limit and monitor discharges from deck drainage,
sanitary wastes, and domestic wastes in accordance with Parts II.E.,
III, and the following requirements.

Effluent Limits and Monitoring Requirements
----------------------------------------------------------------------------------------------------------------
Effluent Discharge Measurement Sample type/
characteristic limitation frequency method Reported value(s)
----------------------------------------------------------------------------------------------------------------
All Discharges (002-
004):
Flow rate......... NA............... Monthly......... Estimate........ Monthly average.
Deck Drainage (002)
\1\
Free oil.......... No discharge..... Daily, during Visual/sheen on Number of days sheen observed.
discharge. receiving water
\2\.
Sanitary Wastes (003)
\3\
Solids............ No floating Daily........... Observation \4\. Number of days solids observed.
solids.
Residual chlorine As close as Monthly......... Grab \6\........ Concentration (mg/l).
\5\. possible to but
no less than,
1.0 mg/l.
BOD............... ................. Weekly \9\...... Grab
30 day average 30 mg/l.......... ................ ................ Monthly average.
24-hr maximum. 60mg/l........... ................ ................ Daily maximum.
TSS............... ................. Weekly \9\...... Grab
30 day average 30 mg/l.......... ................ Monthly average
\10\
24-hr maximum. 60mg/l........... ................ Daily maximum
\10\
Domestic Wastes (004):

[[Page 27516]]

Floating solids... No discharge..... Daily........... Observation \4\. Number of days solid observed.
Foam.............. No discharge..... Daily........... Observation \4\. Number of days foam observed.
All other domestic No discharge \7\. Daily........... Observation \8\. Number of days solids observed.
waste (garbage).
----------------------------------------------------------------------------------------------------------------
\1\ Area drains for either washdown water or rainfall that may be contaminated with oil and grease shall be
separated from those area drains that would not be contaminated. Any deck drainage which is commingled with
other wastes prior to discharge shall be subject at the point of discharge to the most stringent of the
limitations on the individual effluents.
\2\ If discharge occurs during broken, unstable, or stable ice conditions, the sample type/method shall be
``Grab/Static Sheen Test'' as described in appendix 1 to subpart A of 40 CFR part 435. For discharges during
stable ice, below ice, to unstable ice or broken ice conditions, a water temperature that approximates surface
water temperatures after breakup shall be used.
\3\ Any facility using a marine sanitation device (MSD) that complies with pollution control standards and
regulations under section 312 of the Act shall be deemed to be in compliance with the limitations for this
outfall until such time as the device is replaced or is found not to comply with such standards and
regulations. The MSD shall be tested yearly for proper operation and test results maintained at the facility.
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 shall apply to the mixed waste stream.
\4\ Monitoring by visual observation of the surface of the receiving water in the vicinity of the outfall(s),
shall be done during daylight at a time of maximum estimated discharge.
\5\ This limitation applies only to M10 facilities. Under ice disposal of residual chlorine is not authorized
unless residual chlorine is reduced to a level to ensure compliance with the State of Alaska's Water Quality
criteria of 10 g/l residual chlorine.
\6\ Residual chlorine may be monitored according to test procedures approved under 40 CFR part 136 or using a
Hach Test Kit capable of measuring free chlorine in the range 0-3.5 mg/l with a sensitivity of 0.1 mg/l or
better.
\7\ Discharge of food waste is prohibited within 12 nautical miles from nearest land. Comminuted food waste able
to pass through a 25 mm mesh screen (approximately 1 inch) may be discharged more than 12 nautical miles from
nearest land. Discharge of putrescible wastes is prohibited within and beyond 12 nautical miles of nearest
land.
\8\ An observation shall be made during daylight by visual observation of the surface in the vicinity of
domestic waste outfalls following either the morning or midday meal at a time of maximum estimated discharge.9/

\9\ Based on weekly sampling and depending on the length of the calendar month, a total of 3-4 samples will be
analyzed per month. The reported 30 day average value shall be the average of all weekly samples taken during
the month. The highest value of all weekly samples shall be reported.

C. Miscellaneous Discharges (Discharges 005-013).

Permittee shall limit and monitor discharges from desalination unit
wastes (005), blowout preventer fluid (006), boiler blowdown (007),
fire control system test water (008), non-contact cooling waster (009),
uncontaminated ballast water (010), bilge water (011), excess cement
slurry (012), and mud, cuttings, and cement at the seafloor (013) in
accordance with Parts II.E., III., and the following requirements.

1. Bilge water (011) shall 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 shall be
``Grab/Static Sheen Test.'' For discharges above stable ice, below ice,
to unstable, or to broken ice, a water temperature that approximates
surface water temperatures after breakup shall be used.
2. The permittee shall maintain an inventory of the quantities and
rates of chemicals (other than water or seawater) added to cooling
water (009) and desalination (005) systems. The inventory shall be
submitted with the monthly Discharge Monitoring Report.
D. Test Fluids (Discharge 014)

Permittee shall limit and monitor test fluids in accordance with
Parts II.E., III. and the following requirements.

Effluent Limits and Monitoring Requirements
----------------------------------------------------------------------------------------------------------------
Effluent Discharge Measurement Sample type/
characteristic limitation frequency method Reported Value(s)
----------------------------------------------------------------------------------------------------------------
Volume (bbl).......... NA............... Once/discharge.. Estimate........ Total vol./test.\1\
[[Page 27517]]

Free oil.............. No discharge..... Once/discharge.. Grab/Static Number of times sheen observed.
Sheen Test \2\.
Oil and grease........ 42 mg/l daily Once/discharge.. Grab............ Daily max. and monthly avg.
max., 29 mg/l
monthly avg..
pH.................... 6.5-8.5 \3\...... Once/discharge.. Grab............ Ph.
Oil-based fluids...... No discharge..... Once/discharge.. Grab/GC......... Presence or absence.
----------------------------------------------------------------------------------------------------------------
\1\ Volume will be reported as the number of barrels of fluids sent downhole during testing and the number of
barrels discharged. The chemical composition of the fluids sent downhole will also be reported.
\2\ For discharges during stable ice, below ice, to unstable ice or broken ice conditions, a water temperature
that approximates surface water temperatures after breakup shall be used. The static sheen test is presumed to
cover the no visible sheen standard in the State of Alaska Water Quality Standards.
\3\ Any spent acidic test fluids shall be neutralized before discharge such that the Ph at the point of
discharge shall not be less than 6.5 or greater than 8.5.

E. General discharge limitations for all waste streams (001 Through
014).

1. Floating solids, visible foam, or oily wastes. There shall 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 shall 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 are not authorized this permit. See also Part
III.G.
3. Applicable marine water quality criteria. There shall be no
discharge of any constituent in concentrations which will result in an
exceedence of applicable marine water quality criteria at the edge of a
permitted mixing zone. Initial mixing in federal waters is defined at
40 CFR 227.29.
4. Rubbish, trash, and other refuse. The discharge of any solid
material not authorized in the above permit is prohibited. Under U.S.
Coast Guard regulations, discharges of garbage, including plastics,
from fixed and floating platforms engaged in exploration of seabed
mineral resources are prohibited with one exception -victual waste.
Victual waste may be discharged beyond 12 nautical miles from nearest
land if it has passed through a comminuter or grinder and can pass
through a screen with openings no greater than 25 millimeters
(approximately one inch). Discharge of putrescible wastes is prohibited
within and beyond 12 nautical miles of nearest land.
5. Other toxic and non-conventional compounds. There shall be no
discharge of diesel oil, halogenated phenol compounds, trisodium
nitrilotriacetic acid, sodium chromate or sodium dichromate.

F. Best management practices plan requirement.

1. Implementation. The permittee shall develop and implement a Best
Management Practices (BMP) Plan which achieves the objectives and the
specific requirements listed below. The Plan shall be implemented as
soon as possible but no later than 7 days prior to initiation of
discharges from the facility and from each well.
The permittee shall certify that its BMP Plan is complete, on-site,
and available upon request to EPA and ADEC. This certification shall
identify the well it pertains to by well name, well number, and the
NPDES permit number and be signed by an authorized representative of
the permittee. The certification shall be submitted no later than the
written notice of intent to commence discharge (see Part I.C.) and the
Certification of Planning for Drilling Mud (see Part II.A.1.f.).
2. Purpose. Through implementation of the BMP Plan the permittee
shall 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 shall 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 shall be minimized by the permittee to the extent feasible by
managing each influent waste stream in the most appropriate manner.
b. Under the BMP Plan, and any Standard Operating Procedures (SOPs)
included in the Plan, the permittee shall ensure proper operation and
maintenance of the treatment facility.
c. The permittee shall establish specific objectives for the
control of pollutants by conducting the following evaluations.
(1) Each facility component or system shall 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. The examination shall include all normal
operations and ancillary activities including material storage areas,
site runoff, in-plant transfer, process and material handling areas,
loading or unloading operations, spillage or leaks, sludge and waste
disposal, or drainage from raw material storage.
(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 shall 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 Document Number EPA 833-B-93-004, U.S. EPA,
1993) or any subsequent revisions to the guidance document. The BMP
Plan shall:
a. Be documented in narrative form, and shall include any necessary
plot plans, drawings or maps, and shall be developed in accordance with
good [[Page 27518]] engineering practices. The BMP Plan shall be
organized and written with the following structure:
(1) Name and location of the facility or operation (including
identification by latitude/longitude).
(2) Statement of BMP policy.
(3) Structure, functions, and procedures of the Best Management
Practices Committee.
(4) Specific management practices and standard operating procedures
to achieve the above objectives, including, but not limited to, the
following:
(a) Modification of equipment, facilities, technology, processes,
and procedures,
(b) Reformulation or redesign of products,
(c) Substitution of materials, and
(d) Improvement in management, inventory control, materials
handling or general operational phases of the facility.
(5) Risk identification and assessment.
(6) Reporting of BMP incidents.
(7) Materials compatibility.
(8) Good housekeeping.
(9) Preventative maintenance.
(10) Inspections and records.
(11) Security.
(12) Employee training.
b. Include the following provisions concerning BMP Plan review:
(1) Be reviewed by plant engineering staff and the plant manager.
(2) Be reviewed and endorsed by the permittee's BMP Committee.
(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 shall be certified by the dated signatures of
each BMP Committee member.
c. Establish specific best management practices to meet the
objectives identified in Part 3 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.
d. Establish specific best management practices or other measures
which ensure that the following specific requirements are met:
(1) Ensure proper management of solid and hazardous waste in
accordance with regulations promulgated under the Resource Conservation
and Recovery Act (RCRA) and the Alaska Solid Waste Management
Regulations (18 AAC 60). Management practices required under RCRA
regulations shall be referenced in the BMP Plan.
(2) Reflect requirements within Oil Spill Contingency Plans
required by the Minerals Management Service (see 30 CFR part 254).
Permittees in state waters must also reflect the requirements within
Oil Discharge Prevention and Contingency Plans as required by ADEC.
Permittees may incorporate any part of such plans into the BMP Plan by
reference.
(3) Reflect requirements for storm water control under section
402(p) of the Act and the regulations at 40 CFR 122.26 and 122.44, and
otherwise eliminate to the extent practicable, contamination of storm
water runoff.
(4) Reflect the development and implementation of the Mud Plan (see
Part II.A.1.d.) for the formulation and control of drilling mud
systems.
5. Documentation. The permittee shall maintain a copy of the BMP
Plan at the facility and shall make the plan available to EPA and ADEC
upon request. All offices of the permittee which are required to
maintain a copy of the NPDES permit shall also maintain a copy of the
BMP Plan.
6. BMP Plan modification. The permittee shall 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 shall also amend the Plan, as appropriate, when plant
operations covered by the BMP Plan change. Any such changes to the BMP
Plan shall be consistent with the objectives and specific requirements
listed above. All changes in the BMP Plan shall be reviewed by the
plant engineering staff and plant manager and shall be reported to EPA
and ADEC in writing.
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 shall be
subject to modification to incorporate revised BMP requirements.

III. Monitoring, Recording and Reporting Requirements

A. Representative Sampling (Routine and Non-Routine Discharges)

The Permittee shall collect all effluent samples from the effluent
stream prior to discharge into the receiving waters. Samples and
measurements shall be representative of the volume and nature of the
monitored discharge.
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 Permittee shall collect additional samples at the
appropriate outfall(s), and analyze them for the parameters limited in
Part I.A.-E. of this permit (as applicable for the wastestream),
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.
The Permittee shall collect such additional samples as soon as
possible after the spill or discharge. The samples shall be analyzed in
accordance with paragraph C., below. In the event of an anticipated
bypass, as defined in Part IV.G. of this permit, the Permittee shall
collect and analyze additional samples as soon as the bypassed effluent
reaches the outfall. The Permittee shall report all additional
monitoring in accordance with paragraph D., below.

B. Reporting of Monitoring Results

The Permittee shall summarize monitoring results each month on the
Discharge Monitoring Report (DMR) form (EPA No. 3320-1). The Permittee
shall submit reports monthly, postmarked by the 10th day of the
following month. The Permittee shall sign and certify all DMRs, and all
other reports, in accordance with the requirements of Part V.E. of this
permit (``Signatory Requirements''). The Permittee shall 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, WD-135, Seattle, Washington 98101
Alaska Department of Environmental Conservation, Pipeline Corridor
Regional Office, Attn: Water Quality & Wastewater Programs, 411 W. 4th
Ave., Suite 2C, Anchorage Alaska 99501

C. Monitoring Procedures

Monitoring must be conducted according to test procedures approved
under 40 CFR part 136, unless other test procedures have been specified
in this permit.

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
part 136 or as specified in this permit, the Permittee shall include
the results of this monitoring in the calculation and reporting of the
data submitted in the DMR. The Permittee shall indicate on the DMR
whenever it has performed [[Page 27519]] additional monitoring, and
shall explain why it performed such monitoring.
Upon request by the Director, the Permittee shall submit results of
any other sampling, regardless of the test method used.

E. Records Contents

All effluent monitoring records shall bear the hand-written
signature of the person who prepared them. In addition, all records of
monitoring information shall 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 shall 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 or ADEC at any time.
A copy of the final permit shall be maintained at the drilling
site.

G. Twenty-four Hour Notice of Noncompliance Reporting

1. The Permittee shall report the following occurrences of
noncompliance by telephone 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
exceedence of any effluent limitation in the permit (See Part IV.G.,
``Bypass of Treatment Facilities'');
c. Any upset that results in or contributes to an exceedence of any
effluent limitation in the permit (See Part IV.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 shall 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
shall contain:
a. A description of the noncompliance and its cause;
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.
e. The results of any monitoring data required under Paragraph
III.A., above.
3. The Director may, at his or her 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) 553-1213.
4. Reports shall be submitted to the addresses in Part III.B.
(``Reporting of Monitoring Results'').

H. Other Noncompliance Reporting

The Permittee shall report all instances of noncompliance, not
required to be reported within 24 hours, at the time that monitoring
reports for Part III.B. are submitted. The reports shall contain the
information listed in Part III.G.2. of this permit.

I. Changes in Discharge of Toxic Substances

The Permittee shall notify the Director and ADEC 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 ug/l);
b. Two hundred micrograms per liter (200 ug/l) for acrolein and
acrylonitrile; five hundred micrograms per liter (500 ug/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 ug/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).

IV. Compliance Responsibilities

A. Duty to Comply

The Permittee shall 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 shall give reasonable advance notice to the
Director and ADEC 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. Sections 309(d) and 309(g)
of the Act provide that any person who violates a permit condition
implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act
shall be subject to a civil or administrative penalty, not to exceed
$25,000 per day for each violation.
2. Criminal Penalties:
a. Negligent Violations. Section 309(c)(1) of the Act provides that
any person who negligently violates a permit condition implementing
Sections 301, 302, 306, 307, 308, 318, or 405 of the Act shall be
punished by a fine of not less than $2,500 nor more than $25,000 per
day of violation, or by imprisonment for not more than 1 year, or by
both.
b. Knowing Violations. Section 309(c)(2) of the Act provides that
any person who knowingly violates a permit condition implementing
sections 301, 302, 306, 307, 308, 318, or 405 of the Act shall be
punished by a fine of not less than $5,000 nor more than $50,000 per
day of violation, or by imprisonment for not more than 3 years, or by
both.
c. Knowing Endangerment. Section 309(c)(3) of the Act provides that
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
[[Page 27520]] imminent danger of death or serious bodily injury,
shall, upon conviction, be subject to a fine of not more than $250,000
or imprisonment of not more than 15 years, or both. A person that is an
organization shall be subject to a fine of not more than $1,000,000.
d. False Statements. Section 309(c)(4) of the Act provides that any
person who knowingly makes any false material statement,
representation, or certification in any application, record, report,
plan, or other document filed or required to be maintained under this
Act or who knowingly falsifies, tampers with, or renders inaccurate any
monitoring device or method required to be maintained under this Act,
shall be punished by a fine of not more than $10,000, or by
imprisonment for not more than 2 years, or by both. Except as provided
in permit conditions in Part IV.G., (``Bypass of Treatment
Facilities'') and Part IV.H., (``Upset Conditions''), nothing in this
permit shall 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 shall 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 shall 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 shall 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 shall be
disposed of in a manner such as to prevent any pollutant from such
materials from entering navigable waters, except as specifically
authorized in Part II.

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 shall submit prior notice, if possible at least
10 days before the date of the bypass.
b. Unanticipated bypass. The Permittee shall submit notice of an
unanticipated bypass as required under Part III.G. (``Twenty-four Hour
Notice of Noncompliance Reporting'').
3. Prohibition of bypass.
a. Bypass is prohibited, and the Director or ADEC 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 shall 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 and ADEC may approve an anticipated bypass, after
considering its adverse effects, if the Director and ADEC 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. Conditions necessary for a demonstration of upset. To establish
the affirmative defense of upset, the Permittee shall 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 III.G., Twenty-four Hour Notice of Noncompliance Reporting; and
d. The Permittee complied with any remedial measures required under
Part IV.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 shall comply with effluent standards or prohibitions
established under section 307(a) of the Act for toxic pollutants within
the time provided in the regulations that establish those standards or
prohibitions, even if the permit has not yet been modified to
incorporate the requirement.

J. Planned Changes

The Permittee shall give notice to the Director and ADEC 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 III.I.
The Permittee shall give notice to the Director and ADEC 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 shall also give advance notice to the Director and
ADEC of any planned changes in the permitted facility or activity that
may result in noncompliance with this permit. [[Page 27521]]

V. 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 Reapply

If the Permittee intends to continue an activity regulated by this
permit after the expiration date of this permit, the Permittee must
apply for and obtain a new permit. The application shall be submitted
at least 180 days before the expiration date of this permit.

C. Duty to Provide Information

The Permittee shall furnish to the Director and ADEC, within the
time specified in the request, any information that the Director or
ADEC may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating this permit, or to determine
compliance with this permit. The Permittee shall also furnish to the
Director or ADEC, upon request, copies of records required to be kept
by this permit.
D. 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 or
ADEC, it shall promptly submit the omitted facts or corrected
information.

E. Signatory Requirements

All applications, reports or information submitted to the Director
and ADEC shall be signed and certified.
1. All permit applications shall 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 or ADEC shall be signed by a person described
above or by a duly authorized representative of that person. A person
is a duly authorized representative only if:
a. The authorization is made in writing by a person described above
and submitted to the Director and ADEC, 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 V.E.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 V.E.2. must be
submitted to the Regional Administrator and ADEC prior to or together
with any reports, information, or applications to be signed by an
authorized representative.
4. Certification. Any person signing a document under this Part
shall make the following certification:

I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.

F. Availability of Reports

Except for data determined to be confidential under 40 CFR part 2,
all reports prepared in accordance with this permit shall be available
for public inspection at the offices of the state water pollution
control agency and the Director and ADEC. As required by the Act,
permit applications, permits, Best Management Practices Plans, Mud
Plans, and effluent data shall not be considered confidential.

G. Inspection and Entry

The Permittee shall allow the Director, ADEC, 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.

H. Oil and Hazardous Substance Liability

Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the Permittee from any
responsibilities, liabilities, or penalties to which the Permittee is
or may be subject under section 311 of the Act.

I. 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.
J. 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, shall not be
affected thereby.

K. 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. [[Page 27522]]

L. State Laws

Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the Permittee from any
responsibilities, liabilities, or penalties established pursuant to any
applicable state law or regulation under authority preserved by section
510 of the Act.

M. Reopener Clause

1. This permit shall be modified, or alternatively, revoked and
reissued, to comply with any applicable effluent standard or limitation
issued or approved under sections 301(b)(2)(C) and (D), 304(b)(2), and
307(a)(2) of the Act, as amended, if the effluent standard, limitation,
or requirement so issued or approved:
a. Contains different conditions or is otherwise more stringent
than any condition in the permit; or
b. Controls any pollutant or disposal method not addressed in the
permit.
The permit as modified or reissued under this paragraph shall also
contain any other requirements of the Act then applicable.
2. This permit may be reopened to adjust any effluent limitations
if future water quality studies, waste load allocation determinations,
or changes in water quality standards show the need for different
requirements.

VI. Definitions and Acronyms

1. AAS means atomic absorption spectrophotometry.
2. Average of daily values for 30 consecutive days means the
average of the daily values obtained during any 30 consecutive day
period.
3. Ballast water means harbor, river, and seawater added or removed
to maintain the proper ship stability when not loaded with cargo.
4. BMP means Best Management Practices.
5. bbl/hr means barrels per hour. One barrel equals 42 gallons.
6. Bilge water means water which collects in the lower internal
parts of the drilling vessel hull.
7. Blowout preventer fluid means fluid used to actuate hydraulic
equipment on the blowout preventer.
8. Boiler blowdown means the discharge of water and minerals
drained from boiler drums.
9. Bulk discharge means the discharge of more than 100 barrels in a
one-hour period.
10. Bypass means the intentional diversion of waste streams from
any portion of a treatment facility (see Part IV.G.).
11. Cd means cadmium.
12. Cooling water means once-through non-contact cooling water.
13. Deck drainage means all waste resulting from deck washings,
spillage, rainwater, and runoff from gutters, and drains including drip
pans and work areas within facilities subject to this permit.
14. Desalination unit wastes means wastewater associated with the
process of creating freshwater from seawater.
15. Diesel oil means the grade of distillate fuel, as specified in
the American Society for Testing and Materials Standard Specification
D975-81, that is typically used as the continuous phase in conventional
oil-based drilling fluids, which contains a number of toxic pollutants.
For the purpose of this permit, diesel oil includes the fuel oil
present at the facility.
16. Domestic wastes means materials discharged from showers, sinks,
safety showers, eye-wash stations, hand-wash stations, fish-cleaning
stations, galleys, and laundries.
17. Drill cuttings means the particles generated by drilling into
subsurface geological formations and carried to the surface with the
drilling fluid.
18. Drilling fluid means the circulating fluid (mud) used in the
rotary drilling of wells to clean and condition the hole and to
counterbalance formation pressure. A water-based drilling fluid is the
conventional drilling mud in which water is the continuous phase and
the suspended medium for solids, whether or not oil is present. An oil-
based drilling fluid has diesel oil, mineral oil, or some other oil as
its continuous phase with water as the dispersed phase.
19. Drilling Fluids Toxicity Test means a toxicity test conducted
and reported in accordance with the following approved toxicity test
methodology: ``Drilling Fluids Toxicity Test'' as defined in appendix 2
to subpart A of 40 CFR part 435.
20. Excess cement slurry means the excess cement including
additives and wastes from equipment washdown after a cementing
operation.
21. Exploratory facilities means any fixed or mobile structure
subject to subpart A of 40 CFR part 435 that are engaged in drilling of
wells to determine the nature of potential hydrocarbon reservoirs (such
as ice islands, gravel islands, concrete island drilling units).
22. 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.
23. Garbage means all kinds of victual, domestic, and operational
waste, excluding fresh fish and part thereof, generated during the
normal operation and liable to be disposed of continuously or
periodically except dishwater, graywater, and those substances that are
defined or listed in other Annexes to MARPOL 73/78.
24. GC means gas chromatography. GC/MS means gas chromatography/
mass spectrometry.
25. 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.
26. Hg means mercury.
27. lb/bbl means pounds per barrel.
28. Maximum means the highest measured discharge or pollutant in a
wastestream during the time period of interest.
29. 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.
30. MLLW means mean lower low water.
31. MGD means million gallons per day.
32. mg/kg means milligrams per kilogram.
33. mg/l means milligrams per liter.
34. Mineral oils means a class of low volatility petroleum product,
generally of lower aromatic hydrocarbon content and lower toxicity than
diesel oil.
35. 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 consists of two parts; a spotting
compound and mineral oil.
36. Minimum means the lowest measured discharge or pollutant in a
wastestream during the time period of interest.
37. Monitoring month means the period consisting of the calendar
weeks which end in a given calendar month.
38. 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.
39. MSD means marine sanitation device.
40. Muds, cuttings, cement at sea floor means the materials
discharged at 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.
41. M9IM means those offshore facilities continuously manned by
nine (9) or fewer persons or only [[Page 27523]] intermittently manned
by any number of persons.
42. M10 means those offshore facilities continuously manned by ten
(10) or more persons.
43. 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 part 435, subpart A.
44. 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.
45. Oil-based drilling mud means a drilling mud with fossil-derived
petroleum hydrocarbons as the continuous phase.
46. Open water means less than 25 percent ice coverage within a one
(1) mile radius of the discharge site.
47. Plastics means any garbage that is solid material, that
contains as an essential ingredient one or more synthetic organic high
polymers, and that is formed or shaped either during the manufacture of
the polymer or polymers or during fabrication into a finished product
by heat or pressure or both. ``Degradable'' plastics, which are
composed of combinations of degradable starches are either (a)
synthetically produced or (b) naturally produced but harvested and
adapted for use, are considered to be plastics. Naturally produced
plastics such as crabshells and other types of shells, which appear
normally in the marine environment, are not considered to be plastics.
48. ppm means parts per million.
49. Putrescible waste means waste capable of becoming rotting,
rotten, or stinking.
50. Sanitary wastes means human body waste discharged from toilets
and urinals.
51. 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.
52. Sidetracked well means a new hole drilled from a main well to a
different bottom hole location.
53. 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 on a single gravel island.
54. 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.
55. SPP means suspended particulate phase.
56. Stable ice means ice that is stable enough to support
discharged muds and cuttings.
57. Static Sheen Test means the standard test procedure 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 part 435.
58. Step-out well means a new hole drilled from a main well to a
different bottom hole location.
59. 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 and particulate matter from
the formation.
60. Toxicity as applied to BAT effluent limitations for drilling
fluids and drill cuttings shall refer to the toxicity test procedure
presented in Appendix 2 to Subpart A of 40 CFR 435.
61. Unstable or broken ice conditions means greater than 25 percent
ice coverage within a one (1) mile radius of the discharge site after
spring breakup or after the start of ice formation in the fall, but not
stable ice.
62. 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 (see Part IV.H.).
63. v/v means volume of oil/volume of mud (per API Retort Test).
64. Victual waste means any spoiled or unspoiled food waste.
65. 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 unintentional, non-
routine or unanticipated discharges.
66. Water depth means the depth of the water between the surface
and the seafloor as measured at mean lower low water (0.0).
67. 24-hour composite sample means a flow-proportioned mixture of
not less than 8 discrete aliquots. Each aliquot shall be a grab sample
of not less than 100 ml and shall be collected and stored in accordance
with procedures prescribed in the most recent edition of Standard
Methods for the Examination of Water and Wastewater.
68. 96-hr 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.

VII. References

CENTEC. 1985. Analysis of Diesel Oil in Drilling Fluids and Drill
Cuttings. Attachment to a letter dated 4/22/95 from David F.
Tompkins, Centec Analytical Services, to Janis Hastings, EPA Region
10.
U.S. Department of Interior. 1992. Outer Continental Shelf Natural
Gas and Oil Resource Management: Comprehensive Program (1992-1997).
Proposed final. Minerals Management Service.
U.S. Environmental Protection Agency. 1993. Guidance Manual for
Developing Best Management Practices (BMP). Office of Water. EPA
833-B-93-004. October 1993. (Note--this can be obtained free of
charge from the EPA Water Resource Center by calling 202/260-7786.)

[FR Doc. 95-12370 Filed 5-23-95; 8:45 am]
BILLING CODE 6560-50-P

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Document Information

Effective Date:: 6/23/1995
Published:: 05/24/1995
Department:: Environmental Protection Agency
Entry Type:: Notice
Action:: Notice of final NPDES general permit.
Document Number:: 95-12370
Dates:: The general permit shall become effective June 23, 1995.
Pages:: 27508-27523 (16 pages)
Docket Numbers:: FRL-5209-1
PDF File:: 95-12370.pdf