[Federal Register Volume 61, Number 155 (Friday, August 9, 1996)]
[Notices]
[Pages 41609-41628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20243]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5533-9]
Final NPDES General Permit for New and Existing Sources in the
Offshore Subcategory of the Oil and Gas Extraction Category for the
Western Portion of the Outer Continental Shelf of the Gulf of Mexico
(GMG290000)
AGENCY: United States Environmental Protection Agency.
ACTION: Final issuance of NPDES general permit.
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SUMMARY: Region 6 of the United States Environmental Protection Agency
(EPA) today issues a National Pollutant Discharge Elimination System
(NPDES) General Permit for the Oil and Gas Extraction Point Source
Category in the Western Portion of the Outer Continental Shelf (OCS) of
the Gulf of Mexico. The permit authorizes discharges from New Sources
in the Offshore Subcategory of the Oil and Gas Extraction Point Source
Category (40 CFR Part 435, Subpart A) located in and discharging
pollutants to federal waters in lease blocks located seaward of the
outer boundary of the territorial seas of Louisiana and Texas as well
as produced water discharges to federal waters from New Source
facilities located in the territorial seas offshore of Louisiana and
Texas.
The New Source General Permit (GMG390000) is also being combined
with the existing NPDES general permit for the Western Gulf of Mexico
OCS general permit (GMG290000) since the conditions of the New Source
permit are essentially the same as those of the existing Western Gulf
of Mexico OCS general permit. The NPDES permit number of this combined
permit is hereby designated as GMG290000. The existing permit (58 FR
63964, December 3, 1993) authorizes discharges in the Offshore
Subcategory of the Oil and Gas Extraction Point Source Category (40 CFR
Part 435, Subpart A) from new dischargers and existing dischargers to
the Western Portion of the Outer Continental Shelf (OCS) of the Gulf of
Mexico. The effect of this action will be to expand the coverage of
GMG290000 to cover both New Sources and existing dischargers. The
combined permit's expiration date will be November 18, 1997, since that
is the expiration date of the existing General Permit for the Western
Gulf of Mexico OCS.
[[Page 41610]]
A modification of the permit is also proposed in this Federal
Register notice which will authorize new discharges of seawater and
freshwater to which treatment chemicals have been added. It is
necessary for operators to add corrosion inhibitors, scale inhibitors,
or biocides to seawater and freshwater used in many miscellaneous
processes offshore to ensure safe and efficient operation. The existing
permit does not authorize these discharges; therefore, they are
proposed to be authorized with this modification.
DATES: All limits and monitoring requirements pertaining to new sources
and all changes which affect existing and new dischargers shall become
effective September 9, 1996. Unchanged terms of the existing permit
which cover existing and new dischargers shall remain effective.
FOR FURTHER INFORMATION CONTACT: Ms. Ellen Caldwell, EPA Region 6, 1445
Ross Avenue, Dallas, Texas 75202, Telephone: (214) 655-7513.
SUPPLEMENTARY INFORMATION:
Regulated Entities
Entities potentially regulated by this action are those which
operate offshore oil and gas extraction facilities located in the Outer
Continental Shelf of the western Gulf of Mexico.
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Industry.......................... Offshore Oil and Gas Extraction
Platforms.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your [facility, company, business, organization, etc.] is regulated by
this action, you should carefully examine the applicability criteria in
Part I. Section A.1. of the rule. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Pursuant to section 402 of the Clean Water Act (CWA), 33 U.S.C.
section 1342, EPA proposed and solicited public comment on an NPDES New
Source General Permit GMG390000 at 58 FR 53200 (October 14, 1993). This
permit was proposed in response to newly promulgated new source
performance standards and the new designation of new sources. Notice of
this proposed permit was also published in the Houston Post and New
Orleans Times Picayune on October 16, 1993. The comment period closed
on November 29, 1993.
Region 6 received written comments from the American Petroleum
Institute (API), Offshore Operators Committee (OOC), Shell Offshore
Inc., and Murphy Exploration and Production Company.
EPA Region 6 has considered all comments received. In some
instances minor wording changes were made in the final permit in order
to clarify some points as a result of comments or to correct
typographical errors. In response to the comments submitted on the
proposed New Source permit, the following substantive changes were made
in the final permit. The New Source general permit has been combined
with the existing Western Gulf of Mexico OCS general permit. Use of
diffusers, multi-port discharges, and the addition of seawater to the
produced water waste stream are allowed to obtain additional dilution
to achieve compliance with the permit's produced water toxicity limits.
The permit allows produced water to be discharged to OCS waters of the
Western Gulf of Mexico from facilities located in the Territorial Seas
of Texas and Louisiana. The maximum produced water discharge rate
within any 100 meter mixing zone is limited to 25,000 bbl/day, except
when the discharge is divided into multiple ports which are vertically
separated sufficiently to prevent the plumes from colliding. Discharge
of all garbage within 12 nautical miles from shore is prohibited and
the discharge of all garbage except comminuted edible food waste is
prohibited farther than 12 nautical miles from shore. A single grab
sample is allowed for oil and grease monitoring of the produced water
waste stream. The additional discharge of hydraulic fluids from the
sub-sea production wellhead assembly is allowed under the permit.
Permit language was also clarified regarding when a produced water
sample is to be collected for toxicity testing.
Several minor permit language changes were made to the proposed
permit which result from combining it with the existing OCS general
permit. Those changes are: the test methods to be used for radionuclide
monitoring were referenced in the permit, and well treatment,
completion, and workover fluids are to be monitored as produced water
when commingled in the produced water waste stream.
Several minor modifications, as discussed in the following
paragraph, were required in the existing Western Gulf of Mexico OCS
general permit (GMG290000) in order to combine the two permits. Given
the generally nonsubstantive nature of these minor permit changes,
Region 6 does not anticipate members of the public will wish to submit
adverse comments on this action. It is accordingly publishing these
minor changes as ``direct final'' modifications. If, however, Region 6
receives written notice within 30 days of this publication that any
person wishes to submit adverse comments on these changes, the
modifications will not take effect. In that event, the Region will
republish these modifications as a proposal, thus affording reasonable
opportunity for public comment. After 30 days, OCS operators covered by
the permits may thus wish to contact Ms. Caldwell at the above address
or telephone number to determine whether EPA has received adverse
comments on this minor modification action.
The following minor modifications were made in the existing OCS
permit. Permit language for drill cuttings limits and monitoring
requirements was clarified to show that toxicity monitoring is not
required on the cuttings, only on the associated drilling fluids. A
typographical error in the produced water oil and grease monitoring
requirements was corrected so that the permit allows the results of a
single grab sample or the arithmetic average of the results of four
grab samples to be reported. Language was clarified to show that the
only discharge from the territorial seas to the Outer Continental Shelf
allowed under the permit is produced water. The sum of produced water
discharges within the 100 meter mixing zone of greater than 25,000 bbl/
day are permitted as long as the discharge from any single discharge
port is not greater than 25,000 bbl/day and the permittee vertically
separates the discharge ports enough to prevent the effluent plumes
from colliding. Facilities which have not previously reported a
produced water flow on the discharge monitoring report are now required
to use the most recent monthly average flow to determine produced water
monitoring requirements for toxicity, naturally occurring
radionuclides, and bioaccumulation. Garbage and domestic waste
limitations were corrected to correspond with Coast Guard Regulations.
The biomonitoring permit language used in both the proposed New
Source OCS General Permit and the existing OCS general permit was
written prior to proposal of the existing OCS general permit on April
16, 1991. EPA Region 6 has revised the toxicity testing language
included in permits several times since the April 16, 1991 proposal.
[[Page 41611]]
In order to ensure that the test requirements and protocol permittees
use for produced water toxicity compliance monitoring is up to date,
the most recent revision of the toxicity testing language was included
in the final combined permit.
Proposed Permit Modification
At this time, EPA is also proposing to modify the permit to
authorize discharges of hydrotest and other seawater or freshwater to
which treatment chemicals or biocides have been added. The existing OCS
permit and proposed new source general permit both include
miscellaneous discharges of uncontaminated seawater and uncontaminated
freshwater. Both uncontaminated seawater and uncontaminated freshwater
are defined as water to which no chemicals have been added. In most
cases, where seawater or freshwater is used for hydrotesting piping,
non-contact cooling water, continuous operation of fire control or
utility pumps, pressure maintenance and secondary recovery, or ballast
water, operators add treatment chemicals to inhibit corrosion and
scaling, or biocides to prevent fouling. EPA recognizes that addition
of chemicals for these uses is necessary to safe and efficient
operations in the offshore environment and is therefore proposing to
authorize discharges containing them in the combined permit.
Permittees use a broad range of chemicals to treat sea water and
fresh water used in offshore operations. It is impossible to limit each
chemical used individually since more than one hundred different
chemicals are used. Also, if the permit were to limit specific
chemicals it could potentially halt the development and use of new more
beneficial treatment chemicals which would not be specifically listed
in the permit and for which discharge would therefore not be
authorized.
Best Available Technology Economically Achievable (BAT) limits
established by best professional judgement are proposed to be included
in the permit for these discharges. Many of the chemicals normally
added to treat seawater or freshwater, especially biocides, have
manufacturers recommended maximum concentrations. Additionally,
information obtained from offshore operators demonstrates that it is
unnecessary to use any of the treatment chemicals or biocides in
concentrations greater than 500 mg/l. The proposed technology based
limitations for treatment chemicals or biocides in miscellaneous
discharges of seawater or freshwater are the manufacturers maximum
recommended concentration but in no case greater than 500 mg/l.
Water quality based limits are included in the permit to ensure
compliance with Ocean Discharge Criteria promulgated under CWA section
403(c). Acute toxicity monitoring and limits of no acute toxicity are
proposed for the new discharges. The limits were developed using the
dilutions calculated at the edge of the mixing zone and an acute to
chronic ratio of ten to one. An acute toxicity test based on an
appropriate acute to chronic ratio is considered an equivalent test to
a chronic toxicity test. The ten to one acute to chronic ratio is the
normal ratio for most industrial effluents and has been used in other
NPDES permits where the effluent is highly diluted in the receiving
stream and an acute test is required in place of a chronic test. In
addition, the acute test is less burdensome to permittees because it is
less costly than a chronic test and because the acute test will be run
on less dilute effluent there is less chance for laboratory error. As
with produced water toxicity limits, tables have been included in the
permit from which permittees will obtain their critical dilution based
on their discharge rate, pipe diameter, and the water depth at which
they are discharging. Permittees will be required to conduct a 48-hour
acute toxicity test to determine compliance with the limit.
The discharge of free oil is proposed to be prohibited in these
discharges to help to prevent the discharge of toxic pollutants
contained in oil, which may contaminate these discharges and cause
unreasonable degradation of the marine environment. Ocean discharge
criteria (40 CFR 125.122) include ten factors which must be considered
in determining whether a discharge will cause unreasonable degradation
of the marine environment. One of the ten factors which must be
examined is the potential impacts on human health through direct and
indirect pathways. 40 CFR 110.4 defines quantities of oil which may be
harmful to public health or welfare of the United States as a discharge
which causes a sheen or discoloration on the receiving water. These
discharges are proposed to be limited to no free oil as measured using
the visual sheen test method.
Monitoring for toxicity is required in the permit based on the
discharge rate. As with produced water, larger discharges are required
to be monitored more frequently than small ones because they are less
dilute at the edge of the mixing zone and have a greater potential to
cause toxic effects. The proposed monitoring frequencies are:
------------------------------------------------------------------------
Discharge rate Toxicity testing frequency
------------------------------------------------------------------------
0-499 bbl/day....................... Once per year.
500-4,599 bbl/day................... Once per quarter.
4,600 bbl/day and above............. Once per month.
------------------------------------------------------------------------
The frequency of free oil monitoring is required to be once per
week. This is the same frequency as required for well treatment,
completion, and workover fluids and should not be too onerous since the
test method is simple and can be accomplished on site.
DATES: Comments on the proposed permit modification must be received by
October 8, 1996.
ADDRESSES: Comments on the proposed permit modification to add coverage
of the new miscellaneous discharges should be sent to: Regional
Administrator Region 6, U.S. Environmental Protection Agency, 1445 Ross
Avenue, Dallas, Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Ms. Ellen Caldwell, Region 6, U.S.
Environ-mental Protection Agency, 1445 Ross Avenue, Dallas, Texas
75202-2733. Telephone: (214) 655-7513.
A copy of the proposed modified permit or a detailed fact sheet for
the modification (neither of which are included in this Federal
Register notice) may be obtained from Ms. Caldwell. In addition, the
current administrative record on the proposal is available for
examination at the Region's Dallas offices during normal working hours
after providing Ms. Caldwell 24 hours advanced notice.
Other Legal Requirements
Oil Spill Requirements
CWA section 311 prohibits the discharge of oil and hazardous
materials in harmful quantities. Discharges in compliance with NPDES
permit limits are excluded from this prohibition, but the final
combined permit neither precludes enforcement action for violations of
CWA section 311 nor relieves permittees from any responsibilities,
liabilities, or penalties for other unauthorized discharges of oil or
hazardous materials subject to CWA section 311.
Endangered Species Act
As explained at 58 FR 53203, EPA has found that issuance of the New
Source General Permit will not adversely affect any listed threatened
or endangered species or designated critical habitat and requested
written concurrence on
[[Page 41612]]
that determination from the National Marine Fisheries Service (NMFS).
The same determination was made and concurrence received from National
Marine Fisheries Service when the existing OCS general permit was
reissued on November 19, 1992 and modified on December 3, 1993. On
November 4, 1993, NMFS again provided such concurrence on the proposed
New Source General Permit for the Western Portion of the Gulf of Mexico
(GMG390000).
Ocean Discharge Criteria Evaluation
At 58 FR 41476 and 58 FR 63964 EPA Region 6 determined that
discharges in compliance with the modified Western Gulf of Mexico Outer
Continental Shelf general permit (GMG290000) would not cause
unreasonable degradation of the marine environment. Since the modified
existing general permit and the New Source General Permit are nearly
identical and EPA Region 6 has determined that neither permit will
cause unreasonable degradation of the marine environment, the Region
finds that issuance of the combined general permit will not cause
unreasonable degradation of the marine environment.
Environmental Impact Statement
EPA determined that issuance of the NPDES New Source General Permit
for the Western Portion of the Outer Continental Shelf of the Gulf of
Mexico was a major Federal action significantly affecting the quality
of the human environment. Thus, pursuant to the National Environmental
Policy Act of 1969 (NEPA) evaluation of the potential environmental
consequences of the permit action in the form of an Environmental
Impact Statement (EIS) was required. The Minerals Management Service
(MMS) had previously examined the environmental consequences in their
final EIS which was conducted for oil and gas lease sales 142 and 143
in the OCS Region of the Gulf of Mexico. EPA adopted that EIS and
prepared a Supplemental EIS (SEIS) to allow for additional
consideration and evaluation of potential impacts on air quality, water
quality, including radium in produced water, and cumulative effects.
The Draft SEIS and Final SEIS were completed in October 1993 and
December 1994, respectively. EPA considered all the information
gathered during that NEPA review including the impact analysis,
comments received on the Draft SEIS and Final SEIS, input received from
the scoping meeting and public hearings on the Draft SEIS and the
proposed NPDES permit, and other information provided by interested
parties during the SEIS process. Additionally, to address impacts
relative to applicable Federal and State regulatory statutes, programs,
and regulations, consultation was undertaken with the Advisory Council
on Historic Preservation, the U.S. Fish and Wildlife Service, the
National Marine Fisheries Service, and the Texas Natural Resource
Conservation Commission. Through this process EPA found no predicted
unacceptable or potentially significant adverse impacts, individually
or cumulatively, that were not subject to control through regulation or
mitigation. The Record of Decision for that process was prepared and
dated September 28, 1995. Based on that Record of Decision, EPA is
issuing the New Source general permit.
Coastal Zone Management Act
The Region found the proposed New Source General Permit consistent
with Louisiana's approved Coastal Zone Management Plan and submitted
that determination and a copy of the proposed permit to the Louisiana
Coastal Commission for certification. After informal consultation, the
Commission provided such certification on August 1, 1994. The
Commission also previously provided such certification for the
modification of the existing Western Gulf of Mexico Outer Continental
Shelf general permit on October 14, 1993.
Marine Protection and Sanctuaries Act
Pursuant to the Marine Protection and Sanctuaries Act, the National
Oceanographic and Atmospheric Administration has designated the Flower
Garden Banks, an area within the coverage of the OCS general permit, a
marine sanctuary. The OCS general permit prohibits discharges in areas
of biological concern, including marine sanctuaries. No change adopted
today affects that prohibition.
State Water Quality Certification
Because discharges to state waters are not covered by the combined
OCS general permit, its terms are not subject to state water quality
certification under CWA section 401.
Executive Order 12866
The Office of Management and Budget (OMB) has exempted this action
from the review requirements of Executive Order 12291 pursuant to
Section 8(b) of that order. Guidance on Executive Order 12866 contain
the same exemptions on OMB review as existed under Executive Order
12291. In fact, however, EPA prepared a regulatory impact analysis in
connection with its promulgation of the guidelines on which a number of
the New Source permit's and the existing permit's provisions are based
and submitted it to OMB for review. See 58 FR 12494.
Paperwork Reduction Act
The information collection required by this permit has been
approved by OMB under the provisions of the Paperwork Reduction Act in
EPA submissions for the NPDES program assigned OMB control numbers
2040-0086 (NPDES permit application) and 2040-0004 (discharge
monitoring reports). When it issued the existing OCS general permit,
EPA estimated it would take an affected facility three hours to prepare
a request for coverage and 38 hours per year to prepare discharge
monitoring reports. Likewise, when EPA proposed the New Source General
Permit it estimated the same amount of time needed to prepare requests
for coverage and discharge monitoring reports, since there would be few
differences between the requirements for the two different permits.
Changes made in the final combined permit will not add to the time
needed to fill out discharge monitoring reports or request coverage
under the permit.
Regulatory Flexibility Act
The Regulatory Flexibility Act requires that federal agencies
prepare a regulatory flexibility analysis for regulations that will
have a significant impact on a substantial number of small entities. In
promulgating the Offshore Subcategory New Source Performance Standards
on which many of today's New Source permit issuance is based, EPA
prepared an economic impact analysis showing they would directly impact
no small entities. See 58 FR 12492. Based on those findings and
pursuant to 5 U.S.C. Sec. 605(b), EPA Region 6 has certified that
issuance of this final permit will not have a significant impact on a
substantial number of small entities.
NPDES Permit GMG290000 is hereby combined with the proposed New
Source General Permit for the Western Gulf of Mexico Outer Continental
Shelf (Permit No. GMG390000) and is modified to read as it appears
below.
Authorization To Discharge Under the National Pollutant Discharge
Elimination System
In compliance with the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq. the ``Act''), operators of lease blocks
in the Oil and Gas Extraction Point Source Category which are located
in Federal waters of the Western Portion of the Gulf of Mexico
[[Page 41613]]
(defined as seaward of the outer boundary of the territorial seas off
Louisiana and Texas) are authorized to discharge to the Western Portion
of the Federal Waters of the Gulf of Mexico in accordance with effluent
limitations, monitoring requirements, and other conditions set forth in
Parts I, II, and III hereof. Also, operators of lease blocks located in
the territorial seas of Louisiana and Texas are authorized to discharge
produced water from those lease blocks to the Western Portion of the
Federal Waters of the Gulf of Mexico in accordance with effluent
limitations, monitoring requirements, and other conditions set forth in
Parts I, II, and III hereof.
Operators of lease blocks located within the general permit area
must submit written notification to the Regional Administrator that
they intend to be covered (See Part I.A.2). Unless otherwise notified
in writing by the Regional Administrator after submission of the
notification, owners or operators requesting coverage are authorized to
discharge under this general permit. Operators of lease blocks within
the general permit area who fail to notify the Regional Administrator
of intent to be covered by this general permit are not authorized under
this general permit to discharge pollutants from those facilities.
Operators who have previously submitted a written notification of
intent to be covered by this permit need not submit an additional
notification of intent to be covered.
Facilities which adversely affect properties listed or eligible for
listing in the National Register of Historic Places are not authorized
to discharge under this permit.
This permit shall become effective at Midnight Central Daylight
Savings Time on September 9, 1996.
This permit and the authorization to discharge shall expire at
midnight, Central Daylight Savings Time, November 18, 1997.
Signed this 18th day of April, 1996.
Oscar Ramirez,
Acting Director, Water Quality Protection Division, EPA Region 6.
Part I. Requirements for NPDES Permits
Section A. Permit Applicability and Coverage Conditions
1. Operations Covered
This permit establishes effluent limitations, prohibitions,
reporting requirements, and other conditions on discharges from oil and
gas facilities engaged in production, field exploration, developmental
drilling, well completion, and well treatment operations.
The permit coverage area consists of lease blocks located in and
discharging to Federal waters in the Gulf of Mexico seaward of the
outer boundary of the territorial seas offshore of Louisiana and Texas
and shall include lease blocks west of the western boundary of the
outer continental shelf lease areas defined as: Mobile, Viosca Knoll
(north part), Destin Dome, Desoto Canyon, Lloyd, and Henderson. In
Texas, where the state has mineral rights to 3 leagues, some operators
with state lease tracts are required to request coverage under this
Federal NPDES general permit. In addition, permit coverage consists of
produced water discharges to those Federal waters of the western Gulf
of Mexico from lease blocks located in the territorial seas of Texas
and Louisiana. This permit does not authorize discharges from
facilities discharging to the territorial seas of Louisiana or Texas or
from facilities defined as ``coastal'', ``onshore'', or ``stripper''
(see 40 CFR Part 435, Subparts C, D, and E).
2. Notification Requirements
Written notification of intent to be covered including the legal
name and address of the operator, the lease block number assigned by
the Department of Interior or the state or, if none, the name commonly
assigned to the lease area, and the number and type of facilities
located within the lease block shall be submitted at least fourteen
days prior to the commencement of discharge. If the lease block was
previously covered by this or another permit, the operator shall also
include the previous permit number in the notification. Additionally,
if an application for an individual permit for the activity was
previously submitted to EPA Region 6, the notice of intent shall
include the application/permit number of that application or the permit
number of any individual NPDES permit issued by EPA Region 6 for this
activity.
Permittees located in lease blocks that (a) are neither in nor
adjacent to MMS-defined ``no activity'' areas, or (b) do not require
live-bottom surveys are required only to submit a notice of intent to
be covered by this general permit. Permittees who are located in lease
blocks that are either in or adjacent to ``no activity'' areas or
require live bottom surveys are required to submit both a notice of
intent to be covered that specifies they are located in such a lease
block, and in addition are required to submit a notice of commencement
of operations.
Permittees located in lease blocks either in or immediately
adjacent to MMS-defined ``no activity'' areas, shall be responsible for
determining whether a controlled discharge rate is required. The
maximum discharge rate for drilling fluids is determined by the
distance from the facility to the ``no activity'' area boundary and the
discharge rate equation provided in Appendix A. The permittee shall
report the distance from the permitted facility to the ``no activity''
area boundary and the calculated maximum discharge rate to EPA with its
notice of commencement of operations.
For permittees located in lease blocks that require live-bottom
surveys, the final determination of the presence or absence of live-
bottom communities, the distance of the facility from identified live-
bottom areas, and the calculated maximum discharge rate shall be
reported with the notice of commencement of operations.
All notifications of intent to be covered and any subsequent
reports under this permit shall be sent to the following address:
Operations Support Office (6WQ-O), Region 6, U.S. Environmental
Protection Agency, 1445 Ross Ave., Dallas, TX 75202.
Operators who have previously submitted a written notification of
intent to be covered by this permit need not submit an additional
notification of intent to be covered.
3. Termination of Operations
Lease block operators shall notify the Regional Administrator
within 60 days after the permanent termination of discharges from their
facilities within the lease block.
4. Intent to be Covered by a Subsequent Permit
Lease block operators authorized to discharge by this permit shall
notify the Regional Administrator on or before May 19, 1997, that they
intend to be covered by a subsequent permit that will authorize
discharge from these facilities after the termination date of this
permit (November 18, 1997). The notification shall include the previous
permit number assigned to the lease block.
Section B. Effluent Limitations and Monitoring Requirements
1. Drilling Fluids
The discharge of drilling fluids shall be limited and monitored by
the permittee as specified in Table 2 of Appendix A and as below.
Special Note: The permit prohibitions and limitations that apply
to drilling fluids, also apply to fluids that adhere to drill
cuttings. Any permit condition that may apply to the
[[Page 41614]]
drilling fluid discharges, therefore, also applies to cuttings
discharges.
(Exception) The discharge rate limit for drilling fluids does
not apply to drill cuttings.
(a) Prohibitions
Oil-Based Drilling Fluids. The discharge of oil-based drilling
fluids and inverse emulsion drilling fluids is prohibited.
Oil Contaminated Drilling Fluids. The discharge of drilling fluids
which contain waste engine oil, cooling oil, gear oil or any lubricants
which have been previously used for purposes other than borehole
lubrication, is prohibited.
Diesel Oil. Drilling fluids to which any diesel oil has been added
as a lubricant may not be discharged.
(b) Limitations
Mineral Oil. Mineral oil may be used only as a carrier fluid
(transporter fluid), lubricity additive, or pill.
Cadmium and Mercury in Barite. There shall be no discharge of
drilling fluids to which barite has been added, if such barite contains
mercury in excess of 1.0 mg/kg (dry weight) or cadmium in excess of 3.0
mg/kg (dry weight). The permittee shall analyze a representative sample
of all stock barite used once, prior to drilling each well, and submit
the results for total mercury and cadmium in the Discharge Monitoring
Report (DMR).
If more than one well is being drilled at a site, new analyses are
not required for subsequent wells, provided that no new supplies of
barite have been received since the previous analysis. In this case,
the results of the previous analysis should be used on the DMR.
Alternatively, the permittee may provide certification, as
documented by the supplier(s), that the barite being used on the well
will meet the above limits. The concentration of the mercury and
cadmium in the barite shall be reported on the DMR as documented by the
supplier.
Analyses shall be conducted by absorption spectrophotometry (see 40
CFR Part 136, flame and flameless AAS) and the results expressed in mg/
kg (dry weight).
Toxicity. Discharged drilling fluids shall meet both a daily
minimum and a monthly average minimum 96-hour LC50 of at least 30,000
ppm in a 9:1 seawater to drilling fluid suspended particulate phase
(SPP) volumetric ratio using Mysidopsis bahia. Monitoring shall be
performed at least once per month for both a daily minimum and the
monthly average. In addition, an end-of-well sample is required for a
daily minimum. The type of sample required is a grab sample, taken from
beneath the shale shaker. Permittees shall report pass or fail on the
DMR using either the full toxicity test or the partial toxicity test as
specified at 58 FR 12512; however, if the partial toxicity test shows a
failure, all testing of future samples from that well shall be
conducted using the full toxicity test method to determine the 96-hour
LC50.
Free Oil. No free oil shall be discharged. Monitoring shall be
performed using the static sheen method once per week when discharging.
The number of days a sheen is observed must be recorded.
Discharge Rate. All facilities are subject to a maximum discharge
rate of 1,000 barrels per hour.
For those facilities subject to the discharge rate limitation
requirement because of their proximity to areas of biological concern,
the discharge rate of drilling fluids shall be determined by the
following equation:
R=10 [3 Log (d/15)+Tt]
Where:
R=discharge rate (bbl/hr)
d=distance (meters) from the boundary of a controlled discharge rate
area
Tt=toxicity-based discharge rate term [log (LC50 x 8 x 10-
-6)] / 0.3657
Drilling fluids discharges (based on a mud toxicity of 30,000
ppm) equal to or less than 544 meters from areas of biological
concern shall comply with the discharge rate obtained from the
equation above. Drilling fluids discharges which are shunted to the
bottom as required by MMS lease stipulation are not subject to this
discharge rate control requirement.
All discharged drilling fluids, including those fluids adhering to
cuttings must meet the limitations of this section except that
discharge rate limitations do not apply before installation of the
marine riser.
(c) Monitoring Requirements
Drilling Fluids Inventory. The permittee shall maintain a precise
chemical inventory of all constituents and their total volume or mass
added downhole for each well.
2. Drill Cuttings
The discharge of drill cuttings shall be limited and monitored by
the permittee as specified in Appendix A, Table 2 and as below.
(a) Prohibitions
Cuttings from Oil Based Drilling Fluids. The discharge of cuttings
that are generated while using an oil-based or invert emulsion mud is
prohibited.
Cuttings from Oil Contaminated Drilling Fluids. The discharge of
cuttings that are generated using drilling fluids which contain waste
engine oil, cooling oil, gear oil or any lubricants which have been
previously used for purposes other than borehole lubrication, is
prohibited.
Cuttings Generated Using Drilling Fluids which Contain Diesel Oil.
Drill cuttings generated using drilling fluids to which any diesel oil
has been added as a lubricant may not be discharged.
Cuttings Generated Using Mineral Oil. The discharge of cuttings
generated using drilling fluids which contain mineral oil is prohibited
except when the mineral oil is used as a carrier fluid (transporter
fluid), lubricity additive, or pill.
Cadmium and Mercury in Barite. Drill cuttings generated using
drilling fluids to which barite has been added shall not be discharged
if such barite contains mercury in excess of 1.0 mg/kg (dry weight) or
cadmium in excess of 3.0 mg/kg (dry weight).
Toxicity. Drill cuttings generated using drilling fluids with a
daily minimum or a monthly average minimum 96-hour LC50 of less than
30,000 ppm in a 9:1 seawater to drilling fluid suspended particulate
phase (SPP) volumetric ratio using Mysidopsis bahia shall not be
discharged.
(b) Limitations
Free Oil. No free oil shall be discharged. Monitoring shall be
performed using the static sheen test method once per week when
discharging. The number of days a sheen is observed must be recorded.
3. Deck Drainage
(a) Limitations
Free Oil. No free oil shall be discharged, as determined by the
visual sheen method on the surface of the receiving water. Monitoring
shall be performed once per day when discharging, during conditions
when an observation of a visual sheen on the surface of the receiving
water is possible in the vicinity of the discharge, and the facility is
manned. The number of days a sheen is observed must be recorded.
4. Produced Water
(a) Limitations
Flow Rate. Produced water discharges from all outfalls located
within 100 meters of each other shall not exceed 25,000 bbl/day. This
limitation includes any seawater which has been added to the produced
water waste stream.
(Exception) The combined flow from vertically separated discharges
within the same mixing zone may exceed 25,000 bbl/day if the discharge
ports are sufficiently vertically separated to prevent the discharge
plumes from colliding. Dispersion modeling to determine sufficient
separation between discharge ports shall be accomplished
[[Page 41615]]
using CORMIX1 with the input parameters and Brooks Equation as
described later in this permit. The produced water flow from a single
discharge point (including any added seawater) shall not exceed 25,000
bbl/day.
Oil and Grease. Produced water discharges must meet both a daily
maximum of 42 mg/l and a monthly average of 29 mg/l for oil and grease.
The sample type shall be either grab, or a 24-hour composite which
consists of the arithmetic average of the results of 4 grab samples
taken over a 24-hour period. If only one sample is taken for any one
month, it must meet both the daily and monthly limits. Samples shall be
collected prior to the addition of any seawater to the produced water
waste stream. The analytical method is that specified at 40 CFR Part
136.
Toxicity. The 7-day average minimum and monthly average minimum No
Observable Effect Concentration (NOEC) must be equal to or greater than
the critical dilution concentration specified in Table 1 of this
permit. Critical dilution shall be determined using Table 1 of this
permit and is based on the discharge rate most recently reported on the
discharge monitoring report, discharge pipe diameter, and water depth
between the discharge pipe and the bottom. Facilities which have not
previously reported produced water flow on the discharge monitoring
report shall use the most recent monthly average flow for determining
the critical dilution from Table 1 of this permit. The monthly average
minimum NOEC value is defined as the arithmetic average of all 7-day
average NOEC values determined during the month.
(Exception) Permittees wishing to increase mixing may use a
horizontal diffuser, add seawater, or may install multiple discharge
ports.
Permittees using a horizontal diffuser shall install the diffuser
designed so that the 7-day average minimum and monthly average minimum
No Observable Effect Concentration (NOEC) is equal to or greater than
the critical dilution concentration as calculated by the following
method.
The method for running CORMIX2 is as follows:
1 The horizontal diffuser predicted mixing shall be determined by
the permittee using the CORMIX2 model and the Brooks equation (defined
in Step 3, below) with the following input conditions:
Density Gradient=0.15 m
Ambient seawater density at diffuser depth=1017 kg/m3
Produced water density=1070 kg/m3
Current speed=10 cm/sec.
2 Calculate the near field dilution factor (S) at the end of the
impingement region, the calculated collapsed plume width (H), and
downstream distance where the impingement region ends (x) from the
CORMIX2 model.
3 Using the input conditions from Step 1 and calculated factors
from Step 2, above, calculate the far field dilution factor, Ci/C,
using the Brooks equation:
[GRAPHIC] [TIFF OMITTED] TN09AU96.001
where:
Ci=concentration at end of impingement
C=concentration at edge of 100 m mixing zone
H=collapsed plume width, in meters
A=4/3 power law dispersion parameter = 0.000453 m2/3/sec
u=current speed
x=downstream distance where impingement region ends (from step 1,
above)
t=travel time from end of impingement to 100 m, = (100m - x)/u and;
erf=the error function
4 The total dilution at the 100 m mixing zone is defined as the
product of the near-field dilution factor, S, found in step 2 and the
far-field dilution factor, Ci/C, calculated is Step 3.
Permittees shall state the calculated critical dilution
corresponding to that diffuser on the annual Discharge Monitoring
Report (DMR) with a certification that the diffuser is installed. The
CORMIX2 model runs shall be retained by the permittee as part of its
NPDES records.
Permittees using vertically aligned multiple discharge ports shall
provide vertical separation between ports which is consistent with
Table 1A of this permit. When multiple discharge ports are installed,
the depth difference between the discharge port closest to the sea
floor and the sea floor shall be the depth difference used to determine
the critical dilution from Table 1 of this permit. The critical
dilution value shall be based on the port flow rate (total flow rate
divided by the number of discharge ports) and based on the diameter of
the discharge port (or smallest discharge port if they are of different
styles).
When seawater is added to the produced water prior to discharge,
the total produced water flow, including the added seawater, shall be
used in determining the critical dilution from Table 1.
(b) Monitoring Requirements
Flow. Once per month, an estimate of the flow (MGD) must be
recorded.
Toxicity. The flow used to determine the frequency of toxicity
testing shall be the flow most recently reported on the discharge
monitoring report for the facility. Facilities which have not
previously reported produced water flow on the discharge monitoring
report shall use the most recent monthly average flow. The required
frequency of testing shall be determined as follows:
------------------------------------------------------------------------
Discharge rate Toxicity testing frequency
------------------------------------------------------------------------
0-499 bbl/day....................... Once per year
500-4,599 bbl/day................... Once per quarter
4,600 bbl/day and above............. Once per month
------------------------------------------------------------------------
Samples for monitoring produced water toxicity shall be collected
after addition of any added substances, including seawater that is
added prior to discharge, and before the flow is split for multiple
discharge ports. Samples also shall be representative of produced water
discharges when scale inhibitors, corrosion inhibitors, biocides,
paraffin inhibitors, well completion fluids, workover fluids, and/or
well treatment fluids are used in operations.
If the permittee has been compliant with this toxicity limit for
one full year (12 consecutive months), the required testing frequency
shall be reduced to once per year.
Bioaccumulation. Facilities which discharge more than 4,600 barrels
of produced water per day shall collect and monitor marine organism
tissue samples twice per year. The discharge rate used to determine
participation under these requirements shall be the flow most recently
reported to EPA Region 6 on the discharge monitoring report. Facilities
which have not previously reported produced water flow on the discharge
monitoring report shall use the most recently recorded monthly average
flow to determine if they are required to conduct bioaccumulation
monitoring. Marine organism edible tissue shall be monitored for the
following pollutants: Benzo (a) Pyrene, Fluorene, Bis (2-ethylhexyl)
Phthalate, Ethylbenzene, Toluene, Benzene, Phenol, Arsenic, Cadmium,
Mercury, Radium 226, and Radium 228. Three marine species, with five
adults from each of those species, shall be collected and sampled twice
annually from the receiving waters. Samples shall be collected within
100 meters downcurrent, from the point of discharge, at the time of
discharge of produced water. Organisms taken shall
[[Page 41616]]
include one species of mollusc, one species of crustacea, and one
species of nektonic fish. Species sampled for edible tissue shall be
from the following list:
------------------------------------------------------------------------
Crustacea Mollusc Nektonic Fish
------------------------------------------------------------------------
Blue Crab....................... Eastern Oyster.... Atlantic Croaker
Stone Crab...................... Clam Species...... Snapper Species
Shrimp Species.................. Mussel Species.... Grouper Species
------------------------------------------------------------------------
Sampling shall be conducted once during the summer months (June
through August) and once during the winter months (December through
February). Results shall be reported in the DMR for the reporting
period in which samples are collected and analyzed. Permittees newly
covered under this permit who discharge in excess of 4,600 bbl/day of
produced water shall commence bioaccumulation monitoring within two
years after the discharge exceeds 4,600 bbl/day. Permittees previously
covered by permit No. GMG290000 who did not participate in the EPA
Region 6 approved industry wide bioaccumulation study were required to
commence monitoring within 2 years of November 19, 1992.
Alternatively, operators required to conduct bioaccumulation
monitoring under this permit may participate in the EPA Region 6
approved industry-wide bioaccumulation monitoring study. Monitoring
conducted under the study shall constitute compliance with the
bioaccumulation monitoring requirements of Part I.B.4.(b) of this
permit for those permittees who participate in such a study.
Radioactivity. Produced water discharges shall be monitored for
Radium 226 and Radium 228 (See Part I.D.7). The flow used to determine
the frequency of radiation monitoring shall be the flow most recently
reported on the discharge monitoring report for the facility.
Facilities which have not previously reported produced water flow on
the discharge monitoring report shall use the most recently recorded
monthly average flow. The required frequency of testing shall be
determined as follows:
------------------------------------------------------------------------
Discharge rate Monitoring frequency
------------------------------------------------------------------------
0-499 bbl/day....................... Once per year.
500-4,599 bbl/day................... Once per quarter.
4,600 bbl/day and above............. Once per month.
------------------------------------------------------------------------
When the permittee has monitored for radioactivity for one full
year the required testing frequency shall be reduced to once per year.
5. Produced Sand
There shall be no discharge of produced sand.
6. Well Treatment Fluids, Completion Fluids, and Workover Fluids
(a) Limitations
Free Oil. No free oil shall be discharged. Monitoring shall be
performed using the static sheen test method once per day when
discharging and the facility is manned. The number of days a sheen is
observed must be recorded.
Oil and Grease. Well treatment, completion, and workover fluids
must meet both a daily maximum of 42 mg/l and a monthly average of 29
mg/l limitation for oil and grease. The sample type may be either grab,
or a 24-hour composite consisting of the arithmetic average of the
results of 4 grab samples taken within the 24-hour period. If only one
sample is taken for any one month, it must meet both the daily and
monthly limits. The analytical method is that specified at 40 CFR Part
136.
Priority Pollutants. For well treatment fluids, completion fluids,
and workover fluids, the discharge of priority pollutants is prohibited
except in trace amounts. Information on the specific chemical
composition of any additives containing priority pollutants shall be
recorded.
(Note) If materials added downhole as well treatment, completion,
or workover fluids contain no priority pollutants, the discharge is
assumed not to contain priority pollutants except possibly in trace
amounts.
(b) Monitoring Requirements
This discharge shall be considered produced water for monitoring
purposes when commingled with produced water.
7. Sanitary Waste (Facilities Continuously Manned by 10 or More
Persons)
(a) Prohibitions
Solids. No floating solids may be discharged. Observations must be
made once per day, during daylight in the vicinity of sanitary waste
outfalls, following either the morning or midday meals and at the time
during maximum estimated discharge.
(b) Limitations
Residual Chlorine. Total residual chlorine is a surrogate parameter
for fecal coliform. Discharge of residual chlorine must meet a minimum
of 1 mg/l and shall be maintained as close to this concentration as
possible. A grab sample must be taken once per month and the
concentration recorded (approved method, Hach CN-66-DPD).
(Exception) Any facility which properly operates and maintains a
marine sanitation device (MSD) that complies with pollution control
standards and regulations under section 312 of the Act shall be deemed
in compliance with permit limitations for sanitary waste. The MSD shall
be tested yearly for proper operation and the test results maintained
at the facility.
8. Sanitary Waste (Facilities Continuously Manned by 9 or Fewer Persons
or Intermittently by Any Number)
(a) Prohibitions
Solids. No floating solids may be discharged to the receiving
waters. An observation must be made once per day for floating solids.
Observation must be made during daylight in the vicinity of sanitary
waste outfalls following either the morning or midday meal and at a
time during maximum estimated discharge. The number of days solids are
observed must be recorded.
(Exception) Any facility which properly operates and maintains a
marine sanitation device (MSD) that complies with pollution control
standards and regulations under section 312 of the Act shall be deemed
to be in compliance with permit limitations for sanitary waste. The MSD
shall be tested yearly for proper operation and the test results
maintained at the facility.
9. Domestic Waste
(a) Prohibitions
Solids. No floating solids or foam shall be discharged.
(b) Monitoring Requirements
An observation shall be made once per day during daylight in the
vicinity of domestic waste outfalls following the morning or midday
meal and at a time during maximum estimated discharge. The number of
days solids are observed must be recorded.
10. Miscellaneous Discharges
Desalination Unit Discharge
Diatomaceous Earth Filter Media
Blowout Preventer Fluid
Uncontaminated Ballast Water
Uncontaminated Bilge Water
Mud, Cuttings, and Cement at the Seafloor
Uncontaminated Freshwater
Uncontaminated Seawater
[[Page 41617]]
Boiler Blowdown
Source Water and Sand
Excess Cement Slurry
(a) Limitations
Free Oil. No free oil shall be discharged. Discharge is limited to
those times that a visual sheen observation is possible unless the
operator uses the static sheen method. Monitoring shall be performed
using the visual sheen method on the surface of the receiving water
once per week when discharging, or by use of the static sheen method at
the operator's option. The number of days a sheen is observed must be
recorded.
(Exceptions) Uncontaminated seawater, uncontaminated freshwater,
source water and source sand, uncontaminated bilge water, and
uncontaminated ballast water may be discharged from platforms that are
on automatic purge systems without monitoring for free oil when the
facilities are not manned. Additionally, discharges at the seafloor of:
muds and cuttings prior to installation of the marine riser, cement,
and blowout preventer fluid may be discharged without monitoring with
the static sheen test when conditions make observation of a visual
sheen on the surface of the receiving water impossible.
Section C. Other Discharge Limitations
1. Floating Solids or Visible Foam
There shall be no discharge of floating solids or visible foam from
any source in other than trace amounts.
(Exception) For new sources, this limitation only applies to
miscellaneous discharges and domestic waste discharges.
2. Halogenated Phenol Compounds
There shall be no discharge of halogenated phenol compounds as a
part of any waste stream authorized in this permit.
3. Dispersants, Surfactants, and Detergents
The facility operator shall minimize the discharge of dispersants,
surfactants and detergents except as necessary to comply with the
safety requirements of the Occupational Safety and Health
Administration and the Minerals Management Service. This restriction
applies to tank cleaning and other operations which do not directly
involve the safety of workers. The restriction is imposed because
detergents disperse and emulsify oil, thereby increasing toxicity and
making the detection of a discharge of oil more difficult.
4. Garbage
The discharge of garbage (See Part II.G.32) is prohibited.
(Exception) Comminuted food waste (able to pass through a screen
with a mesh no larger than 25 mm, approx. 1 inch) may be discharged
when 12 nautical miles or more from land.
5. Area of Biological Concern
There shall be no discharge in Areas of Biological Concern,
including marine sanctuaries. The Flower Garden Banks has been
determined to be a Marine Sanctuary and is within the geographical area
covered under this permit.
Section D. Other Conditions
1. Samples of Wastes
If requested, the permittee shall provide EPA with a sample of any
waste in a manner specified by the Agency.
2. Drilling Fluids Toxicity Test
The approved test method for permit compliance is identified as:
Drilling Fluids Toxicity Test 58 FR 12453, Appendix 2.
3. Produced Water Toxicity Testing Requirements (7-day Chronic NOEC
Marine Limits)
The approved test methods for permit compliance are identified in
40 CFR Part 136 and published at 60 FR 53528.
(a) The permittee shall utilize the Mysidopsis bahia (Mysid shrimp)
chronic static renewal 7-day survival and growth test using Method
1007.0.
(b) The permittee shall utilize the Menidia beryllina (Inland
Silverside minnow) chronic static renewal 7-day larval survival and
growth test (Method 1006.0).
(c) When the testing frequency stated above is less than monthly
and the effluent fails the survival endpoint at the low-flow effluent
concentration (critical dilution), the permittee shall be considered in
violation of this permit limit and the frequency for the affected
species will increase to monthly until such time compliance with the
Lethal No Observed Effect Concentration (NOEC) effluent limitation is
demonstrated for a period of three consecutive months, at which time
the permittee may return to the testing frequency stated in Part
I.B.4.b of this permit. During the period the permittee is out of
compliance, test results shall be reported on the DMR for that
reporting period.
(d) This permit may be reopened to require chemical specific
effluent limits, additional testing, and/or other appropriate actions
to address toxicity.
(e) The permittee shall prepare a full report of the results of all
tests conducted pursuant to this section in accordance with the Report
Preparation Section of ``Short-Term Methods for Estimating the Chronic
Toxicity of Effluents and Receiving Waters to Marine and Estuarine
Organisms'', EPA/600/4-91/003, or the most current publication, for
every valid or invalid toxicity test initiated whether carried to
completion or not. The permittee shall retain each full report pursuant
to the provisions of Part II.C.3 of this permit. The permittee shall
submit full reports only upon the specific request of the Agency.
(f) In accordance with Part II.D.4 of this permit, the permittee
shall report on the DMR for the reporting period the lowest Whole
Effluent Lethality values determined for either species for the 30-Day
Average Minimum and 7-Day Minimum under Parameter No. 22414, and the
permittee shall report the results of the valid toxicity test as
follows:
1. Menidia Beryllina (Inland Silverside Minnow).
(A) If the Inland Silverside minnow No Observed Effect
Concentration (NOEC) for survival is less than the critical effluent
dilution, enter a ``1''; otherwise, enter a ``0''. Parameter No. TLP6B
on the Discharge Monitoring Report.
(B) Report the Inland Silverside minnow NOEC value for survival,
Parameter No. TOP6B on the Discharge Monitoring Report.
(C) Report the Inland Silverside minnow NOEC value for growth,
Parameter No. TPP6B on the Discharge Monitoring Report.
(D) Report the % coefficient of variation (larger of critical
dilution and control), Parameter No. TQP6B on the Discharge Monitoring
Report.
2. Mysidopsis Bahia (Mysid Shrimp).
(A) If the Mysid shrimp NOEC for survival is less than the critical
effluent dilution, enter a ``1''; otherwise, enter a ``0''. Parameter
No. TLP3E on the Discharge Monitoring Report.
(B) Report the Mysid shrimp NOEC value for survival, Parameter No.
TOP3E on the Discharge Monitoring Report.
(C) Report the Mysid shrimp NOEC value for growth, Parameter No.
TPP3E on the Discharge Monitoring Report.
(D) Report the % coefficient of variation (larger of critical
dilution and control), Parameter No. TQP3E on the Discharge Monitoring
Report.
4. Bioaccumulation Testing
The approved test methods for bioaccumulation testing of edible
fish tissue are:
[[Page 41618]]
Organics: Gas Chromatograph/Mass Spectrometric, Method Number 516,
Standard Methods for Examination of Water and Waste Water, 16th
Edition.
Metals: Electrothermal Atomic Absorption Spectrometry, Method
Number 304, Standard Methods for Examination of Water and Waste Water,
16th Edition.
5. Visual Sheen Test
The visual sheen test is used to detect free oil by observing the
surface of the receiving water for the presence of a sheen while
discharging. The operator must conduct a visual sheen test only at
times when a sheen could be observed. This restriction eliminates
observations when atmospheric or surface conditions prohibit the
observer from detecting a sheen (e.g., overcast skies, rough seas,
etc.).
The observer must be positioned on the rig or platform, relative to
both the discharge point and current flow at the time of discharge,
such that the observer can detect a sheen should it surface down
current from the discharge. For discharges that have been occurring for
a least 15 minutes previously, observations may be made any time
thereafter. For discharges of less than 15 minutes duration,
observations must be made during both discharge and at 5 minutes after
discharge has ceased.
6. Static Sheen Test
a. Scope and Application
The static sheen test is to be used as a compliance test for the
``no free oil'' requirement for discharges of drilling fluids; drill
cuttings; and well treatment, completion, and workover fluids. For all
other discharges with a ``no free oil discharge'' requirement except
deck drainage, the static sheen test is to be used as a compliance test
when it is not possible for the operator to accomplish a visual sheen
observation on the surface of the receiving water. This would preclude
an operator from attempting a visual sheen observation when atmospheric
or surface conditions prohibit the observer from detecting a sheen
(e.g., during rough seas, etc.). Free oil refers to any oil contained
in a waste stream that when discharged will cause a film or sheen upon
or a discoloration of the surface of the receiving water.
b. Summary of Method
15 ml samples of drilling fluids; well treatment, completion and
workover fluids, formation test fluids, or treated wastewater from
drilling fluid dewatering activities, or 15 gm (wet weight basis)
samples of drill cuttings or produced sand are introduced into ambient
seawater in a container having an air to liquid interface area of 1000
cm2 (155.5 in2). Samples are dispersed within the container
and observations made no more than one hour later to ascertain if these
materials cause a sheen, iridescence, gloss, or increased reflectance
on the surface of the test seawater. The occurrence of any of these
visual observations will constitute a demonstration that the tested
material contains ``free oil'', and therefore, results in a prohibition
on its discharge into receiving waters.
c. Interferences
Residual ``free oil'' adhering to sampling containers, the magnetic
stirring bar used to mix drilling Fluids, and the stainless steel
spatula used to mix drill cuttings will be the principal sources of
contamination problems. These problems should only occur if improperly
washed and cleaned equipment are used for the test. The use of
disposable equipment minimizes the potential for similar contamination
from pipets and the test container.
d. Apparatus, Materials, and Reagents
d.1 Apparatus
d.1.1 Sampling Containers--1 L polyethylene beakers and 1 L glass
beakers.
d.1.2 Graduated cylinder--100 ml graduated cylinder required only
for operations where predilution of mud discharges is required.
d.1.3 Plastic disposable weighing boats.
d.1.4 Triple-beam scale
d.1.5 Disposable pipets--25 ml disposable pipets.
d.1.6 Magnetic stirrer and stirring bar.
d.1.7 Stainless steel spatula
d.1.8 Test container--open plastic container whose internal cross-
section parallel to its opening has an area of 100050
cm2 (155.57.75 in2), and a depth of at least 13
cm (5 inches) and no more than 30 cm (11.8 inches).
d.2 Materials and Reagents
d.2.1 Plastic liners for the test container--Oil free, heavy duty
plastic trash can liners that do not inhibit the spreading of an oil
film. Liners must be of sufficient size to completely cover the
interior surface of the test container. Permittees must determine an
appropriate local source of liners that do not inhibit the spreading of
0.05 ml diesel fuel added to the lined test container under the test
conditions and protocol described below.
d.2.2 Ambient receiving water.
e. Calibration
None currently specified.
f. Quality Control Procedures
None currently specified.
g. Sample Collection and Handling
g.1 Sampling containers must be thoroughly washed with detergent,
rinsed a minimum of three times with fresh water, and allowed to air
dry before samples are collected.
g.2 Samples of drilling fluid to be tested shall be taken at the
shale shaker after cuttings have been removed. The sample volume should
range between 200 ml and 500 ml.
g.3 Samples of drill cuttings will be taken from the shale shaker
screens with a clean spatula or similar instrument and placed in a
glass beaker. Cuttings samples shall be collected prior to the addition
of any washdown water and should range between 200 g and 500 g.
g.4 Samples of well treatment, completion and workover fluids,
formation test fluids, and treated wastewater from drilling fluid
dewatering activities must be obtained from the holding facility prior
to discharge; the sample volume should range between 200 ml and 500 ml.
g.5 Samples must be tested no later than 1 hour after collection.
g.6 Drilling fluid samples must be mixed in their sampling
containers for 5 minutes prior to the test using a magnetic bar
stirrer. If predilution is imposed as a permit condition, the sample
must be mixed at the same ratio with the same prediluting water as the
discharged muds and stirred for 5 minutes.
g.7 Drill cuttings must be stirred and well mixed by hand in their
sampling containers prior to testing, using a stainless steel spatula.
h. Procedure
h.1 Ambient receiving water must be used as the ``receiving
water'' in the test. The temperature of the test water shall be as
close as practicable to the ambient conditions in the receiving water,
not the room temperature of the observation facility. The test
container must have an air to liquid interface area of
100050 cm2. The surface of the water should be no more
than 1.27 cm (\1/2\ inch) below the top of the test container.
h.2 Plastic liners shall be used, one per test container, and
discarded afterwards. Some liners may inhibit spreading of added oil;
operators shall determine an appropriate local source of liners that do
not inhibit the spreading of the oil film.
h.3 A 15 ml sample of drilling fluid, well treatment, completion
and workover fluids, formation test fluids, or treated wastewater from
drilling fluid
[[Page 41619]]
dewatering activities must be introduced by pipet into the test
container 1 cm below the water surface. Pipets must be filled and
discharged with test material prior to the transfer of test material
and its introduction into test containers. The test water-test material
mixture must be stirred using the pipet to distribute the test material
homogeneously throughout the test water. The pipet must be used only
once for a test and then discarded.
h.4 Drill cuttings should be weighed on plastic weighing boats; 15
gram samples must be transferred by scraping test material into the
test water with a stainless steel spatula. Drill cuttings shall not be
prediluted prior to testing. Also, drilling fluids and cuttings must be
tested separately. The weighing boat must be immersed in the test water
and scraped with the spatula to transfer any residual material to the
test container. The drill cuttings must be stirred with the spatula to
an even distribution of solids on the bottom of the test container.
h.5 Observations must be made no later than 1 hour after the test
material is transferred to the test container. Viewing points above the
test container should be made from at least three sides of the test
container, at viewing angles of approximately 60 deg. and 30 deg. from
the horizontal. Illumination of the test container must be
representative of adequate lighting for a working environment to
conduct routine laboratory procedures. It is recommended that the water
surface of the test container be observed under a fluorescent light
source such as a dissecting microscope light. The light source shall be
positioned above and directed over the entire surface of the pan.
h.6 Detection of a ``silvery'' or ``metallic'' sheen, gloss, or
increased reflectivity; visual color; or iridescence; or an oil slick,
on the water surface of the test container surface shall constitute a
demonstration of ``free oil''. These visual observations include
patches, streaks, or sheets of such altered surface characteristics
shall constitute a demonstration of free oil. If the free oil content
of the sample approaches or exceeds 10 percent, the water surface of
the test container may lack color, a sheen or iridescence, due to the
increased thickness of the film; thus, the observation for an oil slick
is required. The surface of the test container shall not be disturbed
in any manner that reduced the size of any sheen or slick that may be
present.
If an oil sheen or slick occurs on less than one-half of the
surface area after drilling muds or cuttings are introduced to the test
container, observations will continue for up to one hour. If the sheen
or slick increases in size and covers greater than one-half of the
surface area of the test container during the observation period, the
discharge of the material shall cease. If the sheen or slick does not
increase in size to cover greater than one-half of the test container
surface area after one hour of observation, discharge may continue and
additional sampling is not required.
If a sheen or slick occurs on greater than one-half of the surface
area of the test container after the test material is introduced,
discharge of the tested material shall cease. The permittee may retest
the material causing the sheen or slick. If subsequent tests do not
result in a sheen or slick covering greater than one-half of the
surface area of the test container, discharge may continue.
7. Radionuclide test
The approved test methods for monitoring produced water for
radionuclides are:
Radium 226: Method Number 7500-Ra C, Standard Methods for the
Examination of Water and Wastewater, Seventeenth Edition, APHA, AWWA,
and WPCF.
Radium 228: Method Number 7500-Ra D, Standard Methods for the
Examination of Water and Wastewater, Seventeenth Edition, APHA, AWWA,
and WPCF.
PART II. STANDARD CONDITIONS FOR NPDES PERMITS
Section A. General Conditions
1. Introduction
In accordance with the provisions of 40 CFR Part 122.41, et seq.,
this permit incorporates by reference ALL conditions and requirements
applicable to NPDES permits set forth in the Clean Water Act, as
amended (hereinafter known as the ``Act'') as well as ALL applicable
regulations.
2. Duty to Comply
The permittee must comply with all conditions of this permit. Any
permit noncompliance constitutes a violation of the Act and is grounds
for enforcement action or for requiring a permittee to apply and obtain
an individual NPDES permit.
3. Toxic Pollutants
a. Notwithstanding Part II.A.5, if any toxic effluent standard or
prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is promulgated under section 307(a)
of the Act for a toxic pollutant which is present in the discharge, and
that standard or prohibition is more stringent than any limitation on
the pollutant in this permit, this permit shall be modified or revoked
and reissued to conform to the toxic effluent standard or prohibition.
b. The permittee shall comply with effluent standards or
prohibitions established under section 307(a) of the Act for toxic
pollutants within the time provided in the regulations that established
those standards or prohibitions, even if the permit has not yet been
modified to incorporate the requirement.
4. Duty to Reapply
If the permittee wishes to continue an activity regulated by this
permit after the expiration date of this permit, the permittee must
apply for and obtain a new permit. The application shall be submitted
at least 180 days before the expiration date of this permit. The
Director may grant permission to submit an application less than 180
days in advance but no later than the permit expiration date.
Continuation of expiring permits shall be governed by regulations
promulgated at 40 CFR Part 122.6 and any subsequent amendments.
5. Permit Flexibility
This permit may be modified, revoked and reissued, or terminated
for cause in accordance with 40 CFR 122.62-64. The filing of a request
for a permit modification, revocation and reissuance, or termination,
or a notification of planned changes or anticipated noncompliance, does
not stay any permit condition.
6. Property Rights
This permit does not convey any property rights of any sort, or any
exclusive privilege.
7. Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable
time, any information which the Director may request to determine
whether cause exists for modifying, revoking and reissuing, or
terminating this permit, or to determine compliance with this permit.
The permittee shall also furnish to the Director, upon request, copies
of records required to be kept by this permit.
8. Criminal and Civil Liability
Except as provided in permit conditions on ``Bypassing'' and
``Upsets'', nothing in this permit shall be construed to relieve the
permittee from civil or criminal penalties for noncompliance. Any false
or materially misleading representation or
[[Page 41620]]
concealment of information required to be reported by the provisions of
the permit, the Act, or applicable regulations, which avoids or
effectively defeats the regulatory purpose of the permit may subject
the permittee to criminal enforcement pursuant to 18 U.S.C. section
1001.
9. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee is
or may be subject under section 311 of the Act.
10. State Laws
Nothing in this permit shall be construed to preclude the
institution of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to any
applicable State Law or regulation under authority preserved by section
510 of the Act.
11. Severability
The provisions of this permit are severable, and if any provision
of this permit or the application of any provision of this permit to
any circumstance is held invalid, the application of such provision to
other circumstances, and the remainder of this permit, shall not be
affected thereby.
Section B. Proper Operation and Maintenance
1. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action
that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of this
permit. The permittee is responsible for maintaining adequate
safeguards to prevent the discharge of untreated or inadequately
treated wastes during electrical power failure either by means of
alternate power sources, standby generators or retention of
inadequately treated effluent.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which has a
reasonable likelihood of adversely affecting human health or the
environment.
3. Proper Operation and Maintenance
a. The permittee shall at all times properly operate and maintain
all facilities and systems of treatment and control (and related
appurtenances) which are installed or used by permittee as efficiently
as possible and in a manner which will minimize upsets and discharges
of excessive pollutants and will achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This
provision requires the operation of backup or auxiliary facilities or
similar systems which are installed by a permittee only when the
operation is necessary to achieve compliance with the conditions of
this permit.
b. The permittee shall provide an adequate operating staff which is
duly qualified to carry out operation, maintenance and testing
functions required to insure compliance with the conditions of this
permit.
4. Bypass of Treatment Facilities
a. Bypass not exceeding limitations. The permittee may allow any
bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure
efficient operation. These bypasses are not subject to the provisions
of Parts II.B.4.b and 4.c.
b. Notice
(1) Anticipated bypass. If the permittee knows in advance of the
need for a bypass, it shall submit prior notice, if possible at least
ten days before the date of the bypass.
(2) Unanticipated bypass. The permittee shall, within 24 hours,
submit notice of an unanticipated bypass as required in Part II.D.7.
c. Prohibition of Bypass
(1) Bypass is prohibited, and the Director may take enforcement
action against a permittee for bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
(b) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgement to
prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and,
(c) The permittee submitted notices as required by Part II.B.4.b.
(2) The Director may allow an anticipated bypass after considering
its adverse effects, if the Director determines that it will meet the
three conditions listed at Part II.B.4.c(1).
5. Upset Conditions
a. Effect of an upset. An upset constitutes an affirmative defense
to an action brought for noncompliance with such technology-based
permit effluent limitations if the requirements of Part II.B.5.b. are
met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset. A permittee
who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the
cause(s) of the upset;
(2) The permitted facility was at the time being properly operated;
(3) The permittee submitted notice of the upset as required by Part
II.D.7; and,
(4) The permittee complied with any remedial measures required by
Part II.B.2.
c. Burden of proof. In any enforcement proceeding, the permittee
seeking to establish the occurrence of an upset has the burden of
proof.
6. Removed Substances
Solids, sewage sludges, filter backwash, or other pollutants
removed in the course of treatment or wastewater control shall be
disposed of in a manner such as to prevent any pollutant from such
materials from entering navigable waters. Any substance specifically
listed within this permit may be discharged in accordance with
specified conditions, terms, or limitations.
Section C. Monitoring and Records
1. Inspection and Entry
The permittee shall allow the Director, or an authorized
representative, upon the presentation of credentials and other
documents as may be required by the law to:
a. Enter upon the permittee's premises where a regulated facility
or activity is located or conducted, or where records must be kept
under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that
must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including
[[Page 41621]]
monitoring and control equipment), practices or operations regulated or
required under this permit; and
d. Sample or monitor at reasonable times, for the purpose of
assuring permit compliance or as otherwise authorized by the Act, any
substances or parameters at any location.
2. Representative Sampling
Samples and measurements taken for the purpose of monitoring shall
be representative of the monitored activity.
3. Retention of Records
The permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original
strip chart recordings for continuous monitoring instrumentation,
copies of all reports required by this permit, and records of all data
used to complete the application for this permit, for a period of at
least 3 years from the date of the sample, measurement, report, or
application. This period may be extended by request of the Director at
any time.
The operator shall maintain records at development and production
facilities for 3 years, wherever practicable and at a specific shore-
based site whenever not practicable. The operator is responsible for
maintaining records at exploratory facilities while they are
discharging under the operators control and at a specific shore-based
site for the remainder of the 3-year retention period.
4. Record Contents
Records of monitoring information shall include:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
5. Monitoring Procedures
a. Monitoring must be conducted according to test procedures
approved under 40 CFR Part 136, unless other test procedures have been
specified in this permit or approved by the Regional Administrator.
b. The permittee shall calibrate and perform maintenance procedures
on all monitoring and analytical instruments at intervals frequent
enough to insure accuracy of measurements and shall maintain
appropriate records of such activities.
c. An adequate analytical quality control program, including the
analyses of sufficient standards, spikes, and duplicate samples to
insure the accuracy of all required analytical results shall be
maintained by the permittee or designated commercial laboratory.
6. Flow Measurements
Appropriate flow measurement devices and methods consistent with
accepted scientific practices shall be selected and used to ensure the
accuracy and reliability of measurements of the volume of monitored
discharges. The devices shall be installed, calibrated, and maintained
to insure that the accuracy of the measurements is consistent with the
accepted capability of that type of device. Devices selected shall be
capable of measuring flows with a maximum deviation of less than 10%
from true discharge rates throughout the range of expected discharge
volumes.
Section D. Reporting Requirements
1. Planned Changes
The permittee shall give notice to the Director as soon as possible
of any planned physical alterations or additions to the permitted
facility. Notice is required only when:
(1) The alteration or addition to a permitted facility may meet one
of the criteria for determining whether a facility is a new source in
40 CFR Part 122.29(b); or,
(2) The alteration or addition could significantly change the
nature or increase the quantity of pollutants discharged. This
notification applies to pollutants which are subject neither to
effluent limitations in the permit, nor to notification requirements
listed at Part II.D.10.a.
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any
planned changes in the permitted facility or activity which may result
in noncompliance with permit requirements.
3. Transfers
This permit is not transferable to any person except after notice
to the Regional Administrator. The Regional Administrator may require
modification or revocation and reissuance of the permit to change the
name of the permittee and to incorporate such requirements as may be
necessary under the Act.
4. Discharge Monitoring Reports and Other Reports
The operator of each lease block shall be responsible for
submitting monitoring results for all facilities within each lease
block. The monitoring results for the facilities (platform, drilling
ship, or semisubmersible) within the particular lease block shall be
summarized on the annual Discharge Monitoring Report for that lease
block.
Monitoring results obtained during the previous 12 months shall be
summarized and reported on a Discharge Monitoring Report (DMR) form
(EPA No. 3320-1). In addition, the highest monthly average for all
activity within each lease block shall be reported. The highest daily
maximum sample taken during the reporting period shall be reported as
the daily maximum concentration.
If any category of waste (discharge) is not applicable for all
facilities within the lease block, due to the type of operations (e.g.,
drilling, production) no reporting is required; however, ``no
discharge'' must be recorded for those categories on the DMR. If all
facilities within a lease block have had no activity during the
reporting period then ``no activity'' must be written on the DMR.
Operators may list a summary of all lease blocks where there is no
activity on one DMR. All pages of the DMR must be signed and certified
as required by Part II.D.11 and returned when due.
5. Additional Monitoring by the Permittee
If the permittee monitors any pollutant more frequently than
required by this permit, using test procedures approved under 40 CFR
Part 136 or as specified in this permit, the results of this monitoring
shall be included in the calculation and reporting of the data
submitted in the Discharge Monitoring Report (DMR). Such increased
monitoring frequency shall also be indicated on the DMR.
6. Averaging of Measurements
Calculations for all limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise
specified.
7. Twenty-Four Hour Reporting
a. The permittee shall report any noncompliance which may endanger
health or the environment. Any information shall be provided orally
within 24 hours from the time the permittee becomes aware of the
circumstances. A written submission shall be provided within 5 days of
the time the permittee becomes aware of the
[[Page 41622]]
circumstances. The report shall contain the following information:
(1) A description of the noncompliance and its cause;
(2) The period of noncompliance including exact dates and times,
and if the noncompliance has not been corrected, the anticipated time
it is expected to continue; and,
(3) Steps being taken to reduce, eliminate, and prevent recurrence
of the noncomplying discharge.
b. The following shall be included as information which must be
reported within 24 hours:
(1) Any unanticipated bypass which exceeds any effluent limitation
in the permit;
(2) Any upset which exceeds any effluent limitation in the permit;
and,
(3) Violation of a maximum daily discharge limitation for any of
the pollutants listed by the Director in Part II of the permit to be
reported within 24 hours.
c. The Director may waive the written report on a case-by-case
basis if the oral report has been received within 24 hours.
8. Other Noncompliance
The permittee shall report all instances of noncompliance not
reported under Parts II.D.4 and D.7 at the time monitoring reports are
submitted. The reports shall contain the information listed at Part
II.D.7.
9. Other Information
Where the permittee becomes aware that he failed to submit any
relevant facts in a permit application, or submitted incorrect
information in a permit application or in any report to the Director,
he shall promptly submit such facts or information.
10. Changes in Discharges of Toxic Substances
The permittee shall notify the Director as soon as it knows or has
reason to believe:
a. That any activity has occurred or will occur which would result
in the discharge, on a routine or frequent basis, of any toxic
pollutant listed at 40 CFR Part 122, Appendix D, Tables II and III
(excluding Total Phenols) which is not limited in the permit, if that
discharge will exceed the highest of the following ``notification
levels'':
(1) One hundred micrograms per liter (100 g/l);
(2) Two hundred microgram per liter (200 g/l) for acrolein
and acrylonitrile; five hundred micrograms per liter (500 g/l)
for 2,4-dinitro-phenol and for 2-methyl-4,6-dinitrophenol; and one
milligram per liter (1 mg/l) for antimony;
(3) The level established by the Director.
b. That any activity has occurred or will occur which would result
in any discharge, on a non-routine or infrequent basis, of a toxic
pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following ``notification levels'':
(1) Five hundred micrograms per liter (500 g/l);
(2) One milligram per liter (1 mg/l) for antimony;
(3) The level established by the Director.
11. Signatory Requirements
All applications, reports, or information submitted to the Director
shall be signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation--by a responsible corporate officer. For the
purpose of this section, a responsible corporate officer means:
(a) A president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy or decision making functions for the
corporation; or,
(b) The manager of one or more manufacturing, production, or
operating facilities employing more than 250 persons or having gross
annual sales or expenditures exceeding $25 million (in second-quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship--by a general partner
or the proprietor, respectively.
(3) For a municipality, State, Federal, or other public agency--by
either a principal executive officer or ranking elected official. For
purposes of this election, a principal executive officer of a Federal
agency includes:
(a) The chief executive officer of the agency, or
(b) A senior executive officer having responsibility for the
overall operations of a principal geographic unit of the agency.
b. All reports required by the permit and other information
requested by the Director shall be signed by a person described above
or by a duly authorized representative of that person. A person is a
duly authorized representative only if:
(1) The authorization is made in writing by a person described
above;
(2) The authorization specifies either an individual or a position
having responsibility for the overall operation of the regulated
facility or activity, such as the position of plant manager, operator
of a well or a well field, superintendent, or position of equivalent
responsibility, or an individual or position having overall
responsibility for environmental matters for the company. A duly
authorized representative may thus be either a named individual or an
individual occupying a named position; and,
(3) The written authorization is submitted to the Director.
c. Certification. Any person signing a document under this section
shall make the following certification:
``I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations.''
12. Availability of Reports
Except for applications, effluent data, permits, and other data
specified in 40 CFR 122.7, any information submitted pursuant to this
permit may be claimed as confidential by the submitter. If no claim is
made at the time of submission, information may be made available to
the public without further notice.
Section E. Penalties for Violations of Permit Conditions
1. Criminal
a. Negligent Violations
The Act provides that any person who negligently violates permit
conditions implementing section 301, 302, 306, 307, 308, 318, or 405 of
the Act is subject to a fine of not less $2,500 nor more then $25,000
per day of violation, or by imprisonment for not more than 1 year, or
both.
b. Knowing Violations
The Act provides that any person who knowingly violates permit
conditions implementing section 301, 302, 306, 307, 308, 318 or 405 of
the Act is subject to a fine of not less than $5,000 nor more than
$50,000 per day of violation, or by imprisonment for not more than 3
years, or both.
c. Knowing Endangerment
The Act provides that any person who knowingly violates permit
conditions implementing section 301, 302, 303, 306, 307, 308, 318, or
405 of the Act and
[[Page 41623]]
who knows at that time that he is placing another person in imminent
danger of death or serious bodily injury is subject to a fine of not
more than $250,000, or by imprisonment for not more than 15 years, or
both.
d. False Statements
The Act provides that any person who knowingly makes any false
material statement, representation, or certification in any
application, record report, plan, or other document filed or required
to be maintained under the Act or who knowingly falsifies, tampers
with, or renders inaccurate, any monitoring device or method required
to be maintained under the Act, shall upon conviction, be punished by a
fine of not more than $10,000, or by imprisonment for not more than 2
years, or by both. If a conviction of a person is for a violation
committed after a first conviction of such person under this paragraph,
punishment shall be by a fine of not more than $20,000 per day of
violation, or by imprisonment of not more than 4 years, or by both.
(See section 309.c.4 of the Clean Water Act)
2. Civil Penalties
The Act provides that any person who violates a permit condition
implementing section 301, 302, 306, 307, 308, 318, or 405 of the Act is
subject to a civil penalty not to exceed $25,000 per day for each
violation.
3. Administrative Penalties
The Act provides that any person who violates a permit conditions
implementing section 301, 302, 306, 307, 308, 318, or 405 of the Act is
subject to an administrative penalty, as follows:
a. Class I Penalty
Not to exceed $10,000 per violation nor shall the maximum amount
exceed $25,000.
b. Class II Penalty
Not to exceed $10,000 per day for each day during which the
violation continues nor shall the maximum amount exceed $125,000.
Section F. Additional General Permit Conditions
1. When the Regional Administrator May Require Application for an
Individual NPDES Permit
The Regional Administrator may require any person authorized by
this permit to apply for and obtain an individual NPDES permit when:
(a) The discharge(s) is a significant contributor of pollution;
(b) The discharger is not in compliance with the conditions of this
permit;
(c) A change has occurred in the availability of the demonstrated
technology or practices for the control or abatement of pollutants
applicable to the point sources;
(d) Effluent limitations guidelines are promulgated for point
sources covered by this permit;
(e) A Water Quality Management Plan containing requirements
applicable to such point source is approved;
(f) The point source(s) covered by this permit no longer:
(1) Involve the same or substantially similar types of operations;
(2) Discharge the same types of wastes;
(3) Require the same effluent limitations or operating conditions;
(4) Require the same or similar monitoring; and
(5) In the opinion of the Regional Administrator, are more
appropriately controlled under an individual permit than under a
general permit.
(g) The bioaccumulation monitoring results show concentrations of
the listed pollutants in excess of levels safe for human consumption.
The Regional Administrator may require any operator authorized by
this permit to apply for an individual NPDES permit only if the
operator has been notified in writing that a permit application is
required.
2. When an Individual NPDES Permit may be Requested
(a) Any operator authorized by this permit may request to be
excluded from the coverage of this general permit by applying for an
individual permit.
(b) When an individual NPDES permit is issued to an operator
otherwise subject to this general permit, the applicability of this
permit to the owner or operator is automatically terminated on the
effective date of this individual permit.
(c) A source excluded from coverage under this general permit
solely because it already has an individual permit may request that its
individual permit be revoked, and that it be covered by this general
permit. Upon revocation of the individual permit, this general permit
shall apply to the source.
3. Permit Reopener Clause
If applicable new or revised effluent limitations guidelines or New
Source Performance Standards covering the Offshore Subcategory of the
Oil and Gas Extraction Point Source Category (40 CFR 435) are
promulgated in accordance with sections 301(b), 304(b)(2), and
307(a)(2), and the new or revised effluent limitations guidelines or
New Source Performance Standards are more stringent than any effluent
limitations in this permit or control a pollutant not limited in this
permit, the permit may, at the Director's discretion, be modified to
conform to the new or revised effluent limitations guidelines.
Notwithstanding the above, if an offshore oil and gas extraction
point source discharge facility is subject to the ten year protection
period for new source performance standards under the Clean Water Act
section 306(d), this reopener clause may not be used to modify the
permit to conform to more stringent new source performance standards or
technology based standards developed under section 301(b)(2) during the
ten year period specified in 40 CFR Part 122.29(d).
The Director may modify this permit upon meeting the conditions set
forth in this reopener clause.
Section G. Definitions
All definitions contained in section 502 of the Act shall apply to
this permit and are incorporated herein by references. Unless otherwise
specified in this permit, additional definitions of words or phrases
used in this permit are as follows:
1. ``Act'' means the Clean Water Act (33 U.S.C. 1251 et. seq.),
as amended.
2. ``Administrator'' means the Administrator of the U.S.
Environmental Protection Agency.
3. ``Annual Average'' means the average of all discharges
sampled and/or measured during a calendar year in which daily
discharges are sampled and/or measured, divided by the number of
discharges sampled and/or measured during such year.
4. ``Applicable effluent standards and limitations'' means all
state and Federal effluent standards and limitations to which a
discharge is subject under the Act, including, but not limited to,
effluent limitations, standards or performance, toxic effluent
standards and prohibitions, and pretreatment standards.
5. ``Applicable water quality standards'' means all water
quality standards to which a discharge is subject under the Act.
6. ``Areas of Biological Concern'' means a portion of the OCS
identified by EPA, in consultation with the Department of Interior
as containing potentially productive or unique biological
communities or as being potentially sensitive to discharges
associated with oil and gas activities.
7. ``Blow-Out Preventer Control Fluid'' means fluid used to
actuate the hydraulic equipment on the blow-out preventer or subsea
production wellhead assembly.
8. ``Boiler Blowdown'' means discharges from boilers necessary
to minimize solids build-up in the boilers, including vents from
boilers and other heating systems.
9. ``Bulk Discharge'' any discharge of a discrete volume or mass
of effluent from a pit
[[Page 41624]]
tank or similar container that occurs on a one-time, infrequent or
irregular basis.
10. ``Bypass'' means the intentional diversion of waste streams
from any portion of a treatment facility.
11. ``Completion Fluids'' means salt solutions, weighted brines,
polymers and various additives used to prevent damage to the well
bore during operations which prepare the drilled well for
hydrocarbon production. These fluids move into the formation and
return to the surface as a slug with the produced water. Drilling
muds remaining in the wellbore during logging, casing, and cementing
operations or during temporary abandonment of the well are not
considered completion fluids and are regulated by drilling fluids
requirements.
12. ``Controlled Discharge Rates Areas'' means zones adjacent to
areas of biological concern.
13. ``Daily Discharge'' means the discharge of a pollutant
measured during a calendar day or any 24-hour period that reasonably
represents the calendar day for purposes of sampling. For pollutants
with limitations expressed in terms of mass, the daily discharge is
calculated as the total mass of the pollutant discharged over the
sampling day. For pollutants with limitations expressed in other
units of measurement, the daily discharge is calculated as the
average measurement of the pollutant over the sampling day. Daily
discharge determination of concentration made using a composite
sample shall be the concentration of the composite sample. When grab
samples are used, the daily discharge determination of concentration
shall be arithmetic average (weighted by flow value) of all samples
collected during that sampling day.
14. ``Daily Average'' (also known as monthly average) discharge
limitations means the highest allowable average of daily
discharge(s) over a calendar month, calculated as the sum of all
daily discharge(s) measured during a calendar month divided by the
number of daily discharge(s) measured during that month. When the
permit establishes daily average concentration effluent limitations
or conditions, the daily average concentration means the arithmetic
average (weighted by flow) of all daily discharge(s) of
concentration determined during the calendar month where C=daily
concentration, F=daily flow, and n=number of daily samples; daily
average discharge=
[GRAPHIC] [TIFF OMITTED] TN09AU96.002
15. ``Daily Maximum'' discharge limitations means the highest
allowable ``daily discharge'' during the calendar month.
16. ``Desalinization Unit Discharge'' means wastewater
associated with the process of creating freshwater from seawater.
17. ``Deck Drainage'' means any waste resulting from deck
washings, spillage, rainwater, and runoff from gutters and drains
including drip pans and work areas within facilities covered under
this permit.
18. ``Development Drilling'' means the drilling of wells
required to efficiently produce a hydrocarbon formation or
formations.
19. ``Development Facility'' means any fixed or mobile structure
that is engaged in the drilling of productive wells.
20. ``Diatomaceous Earth Filter Media'' means filter media used
to filter seawater or other authorized completion fluids and
subsequently washed from the filter.
21. ``Diesel Oil'' means the grade of distillate fuel oil, as
specified in the American Society for Testing and Materials Standard
Specification D975-81, that is typically used as the continuous
phase in conventional oil-based drilling fluids.
22. ``Director'' means the U.S. Environmental Protection Agency
Regional Administrator or an authorized representative.
23. ``Domestic Waste'' means material discharged from galleys,
sinks, showers, safety showers, eye wash stations, hand washing
stations, fish cleaning stations, and laundries.
24. ``Drill Cuttings'' means particles generated by drilling
into the subsurface geological formations including cured cement
carried to the surface with the drilling fluid.
25. ``Drilling Fluids'' means the circulating fluid (mud) used
in the rotary drilling of wells to clean and condition the hole and
to counterbalance formation pressure. A water-based drilling fluid
is the conventional drilling mud in which water is the continuous
phase and the suspending medium for solids, whether or not oil is
present. An oil based drilling fluids has diesel oil, mineral oil,
or some other oil as its continuous phase with water as the
dispersed phase.
26. ``End of well Sample'' means the sample taken after the
final log run is completed and prior to bulk discharge.
27. ``Environmental Protection Agency'' (EPA) means the U.S.
Environmental Protection Agency.
28. ``Excess Cement Slurry'' means the excess mixed cement,
including additives and wastes from equipment washdown, after a
cementing operation.
29. ``Exploratory Facility'' means any fixed or mobile structure
that is engaged in the drilling of wells to determine the nature of
potential hydrocarbon reservoirs.
30. ``Fecal Coliform Bacteria Sample'' consists of one effluent
grab portion collected during a 24-hour period at peak loads.
31. ``Grab sample'' means an individual sample collected in less
than 15 minutes.
32. ``Garbage'' means all kinds of food waste, wastes generated
in living areas on the facility, and operational waste, excluding
fresh fish and parts thereof, generated during the normal operation
of the facility and liable to be disposed of continuously or
periodically, except dishwater, graywater, and those substances that
are defined or listed in other Annexes to MARPOL 73/78
33. ``Graywater'' means drainage from dishwater, shower,
laundry, bath, and washbasin drains and does not include drainage
from toilets, urinals, hospitals, and cargo spaces.
34. ``Inverse Emulsion Drilling Fluids'' means an oil-based
drilling fluid which also contains a large amount of water.
35. ``Live bottom areas'' means those areas which contain
biological assemblages consisting of such sessile invertebrates as
seas fans, sea whips, hydroids, anemones, ascideians sponges,
bryozoans, seagrasses, or corals living upon and attached to
naturally occurring hard or rocky formations with fishes and other
fauna.
36. ``Maintenance waste'' means materials collected while
maintaining and operating the facility, including, but not limited
to, soot, machinery deposits, scraped paint, deck sweepings, wiping
wastes, and rags.
37. ``Maximum Hourly Rate'' means the greatest number of barrels
of drilling fluids discharged within one hour, expressed as barrels
per hour.
38. ``Muds, Cuttings, and Cement at the Seafloor'' means
discharges that occur at the seafloor prior to installation of the
marine riser and during marine riser disconnect, well abandonment
and plugging operations.
39. ``National Pollutant Discharge Elimination System'' (NPDES)
means the national program for issuing, modifying, revoking, and
reissuing, terminating, monitoring, and enforcing permits, and
imposing and enforcing pretreatment requirements, under section 307,
318, 402, and 405 of the Act.
40. ``New Source'' means any facility or activity that meets the
definition of ``new source'' under 40 CFR 122.2 and meets the
criteria for determination of new sources under 40 CFR 122.29(b)
applied consistently with all of the following definitions:
(a) The term ``water area'' as used in the term ``site'' in 40
CFR 122.29 and 122.2 shall mean the water area and ocean floor
beneath any exploratory, development, or production facility where
such facility is conducting its exploratory, development, or
production activities.
(b) The term ``significant site preparation work'' as used in 40
CFR 122.29 shall mean the process of surveying, clearing, or
preparing an area of the ocean floor for the purpose of constructing
or placing a development or production facility on or over the site.
41. ``No Activity Zones'' means those areas identified by the
Minerals Management Service (MMS) where no structures, drilling
rigs, or pipelines will be allowed. Those zones are identified as
lease stipulations in U.S. Department of Interior, MMS, August,
1990, Environmental Impact Statement for Sales 131, 135, and 137,
Western, Central, and Eastern Gulf of Mexico. Additional no activity
areas may be identified by MMS during the life of this permit.
42. ``Operational waste'' means all cargo associated waste,
maintenance waste, cargo residues, and ashes and clinkers from
incinerators and coal burning boilers.
43. ``Packer Fluid'' means low solids fluids between the packer,
production string and well casing. They are considered to be
workover fluids.
44. ``Priority Pollutants'' means those chemicals or elements
identified by EPA, pursuant to section 307 of the Clean Water Act
and 40 CFR 401.15.
45. ``Produced Sand'' means slurried particles used in hydraulic
fracturing, the accumulated formation sands, and scale particles
generated during production. Produced sand also includes desander
[[Page 41625]]
discharge from produced water waste stream and blowdown of water
phase from the produced water treating system.
46. ``Produced Water'' means the water (brine) brought up from
the hydrocarbon-bearing strata during the extraction of oil and gas,
and can include formation water, injection water, and any chemicals
added downhole or during the oil/water separation process.
47. ``Production Facility'' means any fixed or mobile structure
that is either engaged in well completion or used for active
recovery of hydrocarbons from producing formations.
48. ``Sanitary Waste'' means human body waste discharged from
toilets and urinals.
49. ``Severe property damage'' means substantial physical damage
to property, damage to the treatment facilities which cause them to
become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence
of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
50. ``Sheen'' means a silvery or metallic sheen, gloss, or
increased reflectivity, visual color or iridescence on the water
surface.
51. ``Source Water and Sand'' means water from non-hydrocarbon
bearing formations for the purpose of pressure maintenance or
secondary recovery including the entrained solids.
52. ``Spotting'' means the process of adding a lubricant (spot)
downhole to free stuck pipe.
53. ``Territorial Seas'' means the belt of the seas measured
from the line of ordinary low water along that portion of the coast
which is in direct contact with the open sea and the line marking
the seaward limit of inland waters, and extending seaward a distance
of three miles.
54. ``Trace Amounts'' means that if materials added downhole as
well treatment, completion, or workover fluids do not contain
priority pollutants then the discharge is assumed not to contain
priority pollutants, except possibly in trace amounts.
55. ``Uncontaminated Ballast/Bilge Water'' means seawater added
or removed to maintain proper draft.
56. ``Uncontaminated Freshwater'' means freshwater which is
discharged without the addition of chemicals; included are (1)
Discharges of excess freshwater that permit the continuous operation
of fire control and utility lift pumps, (2) excess freshwater from
pressure maintenance and secondary recovery projects, (3) water
released during training and testing of personnel in fire
protection, and (4) water used to pressure test new piping.
57. ``Uncontaminated Seawater'' means seawater which is returned
to the sea without the addition of chemicals. Included are (1)
Discharges of excess seawater which permit the continuous operation
of fire control and utility lift pumps (2) excess seawater from
pressure maintenance and secondary recovery projects (3) water
released during the training and testing of personnel in fire
protection (4) seawater used to pressure test piping, and (5) once
through noncontact cooling water which has not been treated with
biocides.
58. ``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.
59. ``Well Treatment Fluids'' means any fluid used to restore or
improve productivity by chemically or physically altering
hydrocarbon-bearing strata after a well has been drilled. These
fluids move into the formation and return to the surface as a slug
with the produced water. Stimulation fluids include substances such
as acids, solvents, and propping agents.
60. ``Workover Fluids'' means salt solutions, weighted brines,
polymers, and other specialty additives used in a producing well to
allow safe repair and maintenance or abandonment procedures. High
solids drilling fluids used during workover operations are not
considered workover fluids by definition and therefore must meet
drilling fluid effluent limitations before discharge may occur.
Packer fluids, low solids fluids between the packer, production
string and well casing, are considered to be workover fluids and
must meet only the effluent requirements imposed on workover fluids.
61. The term ``MGD'' shall mean million gallons per day.
62. The term ``mg/l'' shall mean milligrams per liter or parts
per million (ppm).
63. The term ``g/l'' shall mean micrograms per liter or
parts per billion (ppb).
Appendix A
Table 1 (Sheet 1 of 5).--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between Discharge
Pipe and Seafloor 0 to 4 Meters
----------------------------------------------------------------------------------------------------------------
Pipe diameter
---------------------------------------------------------------------
Discharge rate (bbl/day) > 0'' to > 3'' to > 5'' to > 7'' to > 9'' > 11''
3'' 5'' 7'' 9'' to 11'' to 16'' > 16''
----------------------------------------------------------------------------------------------------------------
0 to 500.................................. 0.17 0.17 0.17 0.17 0.17 0.17 0.04
501 to 1,000.............................. 0.45 0.40 0.40 0.40 0.40 0.40 0.08
1,001 to 2,000............................ 1.39 1.08 1.08 1.08 1.08 1.08 0.16
2,001 to 3,000............................ 1.66 1.39 1.32 1.32 1.32 1.32 1.32
3,001 to 4,000............................ 1.97 1.60 1.45 1.45 1.45 1.45 1.45
4,001 to 5,000............................ 1.94 1.77 1.55 1.55 1.55 1.55 1.55
5,001 to 6,000............................ 1.90 1.93 1.66 1.63 1.63 1.63 1.63
6,001 to 7,000............................ 1.86 2.07 1.78 1.70 1.70 1.70 1.70
7,001 to 8,000............................ 1.81 2.20 1.89 1.76 1.76 1.76 1.76
8,001 to 9,000............................ 1.77 2.32 1.99 1.81 1.81 1.81 1.81
9,001 to 10,000........................... 1.73 2.43 2.08 1.86 1.86 1.86 1.86
10,001 to 15,000.......................... 1.56 2.64 2.49 2.16 2.03 2.03 2.03
15,001 to 20,000.......................... 1.43 2.49 2.85 2.47 2.17 2.17 2.17
20,001 to 25,000.......................... 1.34 2.39 3.13 2.75 2.42 2.29 2.29
----------------------------------------------------------------------------------------------------------------
Table 1 (Sheet 2 of 5).--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between Discharge
Pipe and Seafloor Greater Than 4 Meters to 6 Meters
----------------------------------------------------------------------------------------------------------------
Pipe diameter
---------------------------------------------------------------------
Discharge rate (bbl/day) > 0'' to > 3'' to > 5''to > 7'' to > 9'' to > 11''
3'' 5'' 7'' 9'' 11'' to 16'' > 16''
----------------------------------------------------------------------------------------------------------------
0 to 500.................................. 0.04 0.04 0.04 0.04 0.04 0.04 0.04
501 to 1,000.............................. 0.16 0.15 0.15 0.15 0.15 0.15 0.05
1,001 to 2,000............................ 0.42 0.37 0.37 0.37 0.37 0.37 0.10
[[Page 41626]]
2,001 to 3,000............................ 0.80 0.68 0.65 0.65 0.65 0.65 0.15
3,001 to 4,000............................ 1.40 1.15 1.04 1.04 1.04 1.04 0.19
4,001 to 5,000............................ 1.05 0.94 0.86 0.86 0.86 0.86 0.86
5,001 to 6,000............................ 1.15 1.02 0.93 0.92 0.92 0.92 0.92
6,001 to 7,000............................ 1.22 1.10 1.00 0.97 0.97 0.97 0.97
7,001 to 8,000............................ 1.21 1.17 1.06 1.01 1.01 1.01 1.01
8,001 to 9,000............................ 1.19 1.24 1.12 1.05 1.05 1.05 1.05
9,001 to 10,000........................... 1.17 1.30 1.17 1.09 1.09 1.09 1.09
10,001 to 15,000.......................... 1.09 1.56 1.41 1.28 1.23 1.23 1.23
15,001 to 20,000.......................... 1.02 1.75 1.59 1.45 1.33 1.33 1.33
20,001 to 25,000.......................... 0.96 1.69 1.76 1.59 1.46 1.40 1.40
----------------------------------------------------------------------------------------------------------------
Table 1 (Sheet 3 of 5).--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between Discharge
Pipe and Seafloor Greater Than 6 Meters to 8 Meters
----------------------------------------------------------------------------------------------------------------
Pipe diameter
---------------------------------------------------------------------
Discharge rate (bbl/day) > 0'' to > 3'' to > 5''to > 7'' to > 9'' to > 11''
3'' 5'' 7'' 9'' 11'' to 16'' > 16''
----------------------------------------------------------------------------------------------------------------
0 to 500.................................. 0.04 0.04 0.04 0.04 0.04 0.04 0.04
501 to 1,000.............................. 0.07 0.07 0.07 0.07 0.07 0.07 0.07
1,001 to 2,000............................ 0.20 0.18 0.18 0.18 0.18 0.18 0.07
2,001 to 3,000............................ 0.35 0.32 0.31 0.31 0.31 0.31 0.10
3,001 to 4,000............................ 0.56 0.50 0.46 0.46 0.46 0.46 0.13
4,001 to 5,000............................ 0.85 0.74 0.67 0.67 0.67 0.67 0.17
5,001 to 6,000............................ 1.26 1.08 0.95 0.94 0.94 0.94 0.20
6,001 to 7,000............................ 0.78 0.71 0.66 0.65 0.65 0.65 0.65
7,001 to 8,000............................ 0.83 0.76 0.70 0.68 0.68 0.68 0.68
8,001 to 9,000............................ 0.89 0.80 0.74 0.71 0.71 0.71 0.71
9,001 to 10,000........................... 0.89 0.84 0.78 0.74 0.74 0.74 0.74
10,001 to 15,000.......................... 0.84 1.01 0.94 0.87 0.85 0.85 0.85
15,001 to 20,000.......................... 0.80 1.15 1.07 0.99 0.93 0.93 0.93
20,001 to 25,000.......................... 0.76 1.32 1.18 1.09 1.02 0.99 0.99
----------------------------------------------------------------------------------------------------------------
Table 1 (Sheet 4 of 5).--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between Discharge
Pipe and Seafloor Greater Than 8 Meters to 12 Meters
----------------------------------------------------------------------------------------------------------------
Pipe diameter
---------------------------------------------------------------------
Discharge rate (bbl/day) >0'' to >3'' to >5'' to >7'' to >9'' to >11'' to
3'' 5'' 7'' 9'' 11'' 16'' >16''
----------------------------------------------------------------------------------------------------------------
0 to 500.................................. 0.04 0.04 0.04 0.04 0.04 0.04 0.04
501 to 1,000.............................. 0.07 0.07 0.07 0.07 0.07 0.07 0.07
1,001 to 2,000............................ 0.11 0.10 0.10 0.10 0.10 0.10 0.10
2,001 to 3,000............................ 0.14 0.13 0.13 0.13 0.13 0.13 0.13
3,001 to 4,000............................ 0.17 0.16 0.16 0.16 0.16 0.16 0.16
4,001 to 5,000............................ 0.33 0.31 0.29 0.29 0.29 0.29 0.11
5,001 to 6,000............................ 0.45 0.41 0.38 0.38 0.38 0.38 0.13
6,001 to 7,000............................ 0.61 0.55 0.50 0.49 0.49 0.49 0.15
7,001 to 8,000............................ 0.80 0.72 0.66 0.63 0.63 0.63 0.17
8,001 to 9,000............................ 1.06 0.94 0.85 0.80 0.80 0.80 0.19
9,001 to 10,000........................... 0.56 0.52 0.50 0.48 0.48 0.48 0.48
10,001 to 15,000.......................... 0.63 0.63 0.60 0.57 0.56 0.56 0.56
15,001 to 20,000.......................... 0.61 0.72 0.68 0.65 0.62 0.62 0.62
20,001 to 25,000.......................... 0.58 0.80 0.75 0.72 0.68 0.66 0.66
----------------------------------------------------------------------------------------------------------------
[[Page 41627]]
Table 1 (Sheet 5 of 5).--Produced Water Critical Dilution (Percent Effluent) Depth Difference Between Discharge
Pipe and Seafloor Greater Than 8 Meters to 12 Meters
----------------------------------------------------------------------------------------------------------------
Pipe diameter
---------------------------------------------------------------------
Discharge rate (bbl/day) >0'' to >3'' to >5'' to >7'' to >9'' to >11'' to
3'' 5'' 7'' 9'' 11'' 16'' >16''
----------------------------------------------------------------------------------------------------------------
0 to 500.................................. 0.04 0.04 0.04 0.04 0.04 0.04 0.04
501 to 1,000.............................. 0.07 0.07 0.07 0.07 0.07 0.07 0.07
1,001 to 2,000............................ 0.11 0.10 0.10 0.10 0.10 0.10 0.10
2,001 to 3,000............................ 0.14 0.13 0.13 0.13 0.13 0.13 0.13
3,001 to 4,000............................ 0.17 0.16 0.16 0.16 0.16 0.16 0.16
4,001 to 5,000............................ 0.21 0.20 0.19 0.19 0.19 0.19 0.19
5,001 to 6,000............................ 0.24 0.23 0.22 0.22 0.22 0.22 0.22
6,001 to 7,000............................ 0.28 0.26 0.25 0.25 0.25 0.25 0.25
7,001 to 8,000............................ 0.32 0.30 0.29 0.28 0.28 0.28 0.28
8,001 to 9,000............................ 0.36 0.34 0.32 0.31 0.31 0.31 0.31
9,001 to 10,000........................... 0.41 0.38 0.36 0.35 0.35 0.35 0.35
10,001 to 15,000.......................... 0.28 0.84 0.83 0.81 0.80 0.80 0.80
15,001 to 20,000.......................... 0.31 1.01 0.99 0.97 0.67 0.67 0.67
20,001 to 25,000.......................... 1.07 1.15 1.13 1.11 1.09 1.08 1.08
----------------------------------------------------------------------------------------------------------------
Table 1A.--Minimum Vertical Port Separation Distance to Avoid
Interference
------------------------------------------------------------------------
Minimum
separation
Port flow rate (bbl/day) distance
(m)
------------------------------------------------------------------------
0-500...................................................... 3.7
501-1000................................................... 4.5
1001-2000.................................................. 5.4
2001-5000.................................................. 6.4
5001-7000.................................................. 6.6
7001-10000................................................. 6.6
------------------------------------------------------------------------
Table 2.--Effluent Limitations, Prohibitions and Monitoring Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monitoring requirement
Regulated and Discharge limitation/ --------------------------------------------------------------------
Discharge monitored discharged Prohibition Measurement
parameter frequency Sample type/ Method Recorded value(s)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drilling Fluid..................... Free Oil.............. No free oil........... Once week \1\........ Static sheen......... Number of days sheen
observed.
Toxicity \2\ 96-hr 30,000 ppm daily Once/month........... Grab................. 96-hr LC50.
LC50. minimum.
Once/end of well \3\. Grab................. 96-hr LC50.
30,000 ppm monthly Once/month........... Grab................. 96-hr LC50.
average minimum.
Discharge Rate........ 1,000 barrels/hour Once/hour \1\........ Estimate............. Max. hourly rate.
Discharge Rate for (see Figure 1). Once/hour \1\........ Measure.............. Max. hourly rate.
controlled discharge
rate areas \4\
Mercury and cadmium... No discharge of Once prior to Absorption........... mg mercury/kg barite.
drilling fluids to drilling each well Spectro-photometry... mg cadmium/kg barite.
which barite has been \6\
added, if such barite
contains mercury in
excess of 1.0 mg/kg
or cadmium in excess
of 3.0 mg/kg (dry
weight).
Oil Based or Inverse No discharge
Emulsion Drilling
Fluids.
Oil Contaminated No discharge
Drilling Fluids.
Diesel Oil............ No discharge of
drilling fluids to
which diesel oil has
been added
Mineral Oil........... Mineral oil may be
used only as a
carrier fluid
(transporter fluid),
lubricity additive,
or pill
Drilling Cuttings.................. Free oil.............. No free oil........... Once/week \1\........ Static sheen......... Number of days sheen
observed.
Toxicity \2\ 96-hr 30,000 ppm daily Once/month........... Grab................. 96-hr LC50.
LC50. minimum.
Once/end of well \3\. Grab................. 96-hr LC50.
30,000 ppm monthly Once/month........... Grab................. 96-hr LC50.
average minimum.
Drill Cuttings (Continued)......... Mercury and cadmium... No discharge of Once prior to Absorption........... mg mercury/kg barite.
cuttings generated drilling each well Spectro-photometry... mg cadmium/kg barite.
using drilling fluids \6\
to which barite has
been added, if such
barite contains
mercury in excess of
1.0 mg/kg or cadmium
in excess of 3.0 mg/
kg (dry weight).
[[Page 41628]]
Cuttings generated No discharge
using Oil Based or
Inverse Emulsion
Drilling Fluids.
Cuttings generated No discharge
using Oil
Contaminated Drilling
Fluids.
Cuttings generated No discharge
using drilling fluids
to which Diesel Oil
has been added.
Cuttings generated Mineral oil may be
using drilling fluids used only as a
to which Mineral Oil carrier fluid
has been added. (transporter fluid),
lubricity additive,
or pill
Deck Drainage...................... Free Oil.............. No free oil........... Once/day \7\......... Visual sheen......... Number of days sheen
observed.
Produced Water..................... Oil and grease........ 42 mg/l daily max., 29 Once/month........... Grab \8\............. Daily max., monthly
mg/l monthly average. average.
Toxicity.............. 7-day average min. Rate Dependent \16\.. Grab................. Lowest NOEC for
NOEC \9\ and monthly either of the two
average min. NOEC \9\ species.
Radium 226 and 228.... Monitor............... Rate Dependent \16\.. Grab................. pCi/liter.
Bioaccumulation \17\
Flow (MGD)............ 25,000 bbl/day \18\... Once/month........... Estimate............. Monthly Average.
Produced Sand...................... No Discharge
Well treatment fluids, completion Free oil.............. No free oil........... Once/day \1\......... Static sheen......... Number of days sheen
fluids, and workover fluids observed.
(includes packer fluids) \10\.
Oil & Grease.......... 42 mg/l daily max., Once/month........... Grab \8\............. Daily max., monthly
29 mg/l monthly avg average.
Sanitary waste \12\ continuously Residual chlorine \13\ 1 mg/l (minimum)...... Once/month........... Grab................. Concentration
manned by 10 or more persons. Solids................ No Floating Solids.... Once/day............. Observation.......... Number of days solids
observed.
Sanitary waste \12\ continuously Solids................ No floating solids.... Once/day............. Observation.......... Number of days solids
manned by 9 or fewer persons or observed.
intermittently by any number.
Domestic waste \14\................ Solids................ No floating solids or Once/day............. Observation \15\..... Number of days
foam. observed.
Miscellaneous discharges: Free oil.............. No free oil........... Once/week \11\....... Visual sheen......... Number of days sheen
Desalinization unit discharge; observed.
blowout preventer fluid;
uncontaminated ballast water;
uncontaminated bilge water;
uncontaminated freshwater; mud,
cuttings and cement at seafloor;
uncontaminated seawater; boiler
blowdown; source water and sand;
diatomaceous earth filter media;
excess cement slurry.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ When discharging.
\2\ Suspended particulate phase (SPP) with Mysidopsis bahia following approved test method. The sample shall be taken beneath the shale shaker; or if
there are no returns across the shaker then the sample must be taken from a location that is characteristic of the overall mud system to be
discharged.
\3\ Sample shall be taken after the final log run is completed and prior to bulk discharge.
\4\ See Appendix A, Discharge Rate Graph.
\5\ This information shall be recorded but not reported unless otherwise requested by EPA.
\6\ Analyses shall be conducted on each new stock of barite used.
\7\ When discharging and facility is manned. Monitoring shall be accomplished during times when observation of a visual sheen on the surface of the
receiving water is possible in the vicinity of the discharge.
\8\ May be based on the arithmetic average of four grab sample results in the 24 hr. period.
\9\ See Table 1, Appendix A.
\10\ No discharge of priority pollutants except in trace amounts. Information on the specific chemical composition shall be recorded but not reported
unless requested by EPA.
\11\ When discharging for muds, cuttings, and cement at the seafloor and blowout preventer fluid. All other miscellaneous discharges: when discharging,
discharge is authorized only during times when visual sheen observation is possible, unless the static sheen method is used. Uncontaminated seawater
uncontaminated freshwater, source water and source sand, uncontaminated bilge water, and uncontaminated ballast water from platforms on automatic
purge systems may be discharged without monitoring from platforms which are not manned.
\12\ Any facility which properly operates and maintains a marine sanitation device (MSD) that complies with pollution control standards and regulations
under section 312 of the Act shall be deemed to be in compliance with permit limitations for sanitary waste. The MSD shall be tested yearly for proper
operation, and test results maintained at the facility.
\13\ Hach method CN-66 DPD approved. Minimum of 1 mg/l and maintained as close to this concentration as possible.
\14\ The discharge of food waste is prohibited within 12 nautical miles from nearest land. Comminuted food waste able to pass through a 25 mm mesh
screen (approximately 1 inch) may be discharged more than 12 nautical miles from nearest land.
\15\ Monitoring shall be accomplished during daylight by visual observation of the surface of the receiving water in the vicinity of sanitary and
domestic waste outfalls. Observations shall be made following either the morning or midday meals at a time of maximum estimated discharge.
\16\ Once/year for discharges from 0 bbl/day to 499 bbl/day, once/quarter for discharges from 500 bbl/day to 4,599 bbl/day, and once/month for
discharges of 4,600 bbl/day and greater.
\17\ See Part I.B.4.(b) of this Permit.
\18\ Unless vertically separated in accordance with CORMIX1 modeling.
[FR Doc. 96-20243 Filed 8-8-96; 8:45 am]
BILLING CODE 6560-50-P
