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Compliance and Enforcement Quick Finder

 

Offshore and Oil & Gas NPDES permits

Welcome to the EPA Region 6 Water Enforcement Branch Offshore platform and Oil & Gas NPDES discharge web page. Mr. Robert Houston is the Regional Coordinator and Enforcement Officer and his phone is (214)665-8565. Ms. Sharon Haggard is the Specialist and she handles permit applications and processing of Discharge Monitoring Reports. Her phone number is (214)665-6472. If you have non-enforcement permitting questions, please contact Mr. Scott Wilson at (214)665-7511.

EPA Region 6 also has an Onshore Oil and Gas NPDES discharge program for Region 6.

EPA Region 6 works closely with the Department of Interior's Minerals Management Service (MMS). MMS inspectors perform most of the NPDES offshore platform compliance inspections for EPA. Additionally, the US Coast Guard Marine Safety Office conducts inspections. EPA Region 6 works closely with the Offshore Operators Committee, which is a trade organization representing the offshore operators.

API Teche Chapter

An EPA representative will speak at the API Teche Chapter Exploration & Production Operations Regulatory Forum & Exhibition. The Forum objective is to present information through a professional forum with the intent to gain knowledge of current issues, technological developments, existing and pending government regulations within the Minerals Management Service, United States Coast Guard, State and Federal Officials.

The Forum is sponsored by the API Teche Chapter.

API Teche Chapter Forum & Exhibition
August 27 - 28, 2008
Lafayette, Louisiana
Hilton Lafayette Hotel
Registration Contact: Allen Womble (337) 237-4406

Jack Up Rig in the Gulf of MexicoThe EPA Region 6 NPDES OCS General Permit No. GMG290000 was reissued with an effective date of October 1, 2007, expiring at midnight of September 30, 2012 [72 Fed. Reg. No. 109, p. 31575]. (Permit Language Link)

  • If you had permit coverage under the previous permit (e.g., you applied for coverage before it expired on September 30, 2007, and were assigned and outfall), then you do not have to reapply for permit coverage. You will retain your previous permit number and outfalls unless EPA notifies you otherwise.
  • If you applied for permit coverage after the September 30, 2007, expiration date and utilizing the previous permits NOI form, then you will need to resubmit a Notice of Intent application to be covered under this general permit, using the NOI form reflecting the reissued permit.
  • Note that your monitoring periods will remain the same as you had under the previous permit.

EPA has completed fitting out a new ship in 2005 for use in federal waters under EPA jurisdiction. This ship has many functions and will support everything from research and development to enforcement inspections. The ship is named "Bold". EPA plans to periodically use this ship in the Gulf of Mexico to perform NPDES inspections and collect on-site samples of produced water discharges from offshore oil and gas operations. The vessels specifications can be found at www.nvr.navy.mil/nvrships/details/AGOS12.htmExit EPA Disclaimer. The following are some pictures of the Bold (click on different pictures for an enlarged version).

Tiles.jpg

During the period inbetween expiration of the 1998 permit and reissuance of the 2004 NPDES OCS general permit, the regulated communited could not apply for new coverage under the expired permit. EPA made available to these new facilities an Administrative Compliance Order. This Order automatically expired upon the effective date, November 6, 2004, of the new NPDES OCS general permit.

Discharge Monitoring Reports (DMRs):

Operators desiring to use the new OOC DMR form (XLS, 175 KB) reflecting the 2007 reissued permit must submit a written request (signed and certified in accordance with Part II.D.10. of the permit), with their NPDES permit number affixed, to the following address:

U.S. Environmental Protection Agency
NPDES Compliance Section
Attn: Ms. Sharon Haggard (6EN-WC)
1445 Ross Ave., Suite 1200
Dallas, TX 75202-2733

DMR Reporting: Cross-over from one permit to the reissued permit

Operators who hold a "01/28/08", "04/28/08", and "07/28/08" DMR submission deadline, please be aware that you will have to report under the previous permit DMR form as well as the new permit DMR form. This is because one portion on your monitoring cycle feel within the previous permit's effective/expiration dates; and the other portion fell within the reissued permit's effective/expiration dates. (Those operators holding a "10/28/08" submission deadline will not be affected). The monitoring cycle of the DMR form must reflect that operator's assigned monitoring period. However, the comnment field is used to record the split period of time being reflected on that DMR. Please see the table below for specifics:

Monitoring cycles for the cross-over period of the previous permit to the reissued permit are as follows for all but the "10/28/08" operators, who are not affected:

For "01/28/08" operators DMR Monitoring Period
  Previous permit DMR "From 01/01/07 to 12/31/07"
    Comment field: "From 01/01/07 to 09/30/07"
  Reissued permit DMR "From 01/01/07 to 12/31/07"
    Comment field: "From 10/01/07 to 12/31/07"
For "04/28/08" operators DMR Monitoring Period
  Previous permit DMR "From 04/01/07 to 03/31/08"
    Comment field: "From 04/01/07 to 09/30/07"
  Reissued permit DMR "From 04/01/07 to 03/31/08"
    Comment field: "From 10/01/07 to 03/31/08"
For "07/28/08" operators DMR Monitoring Period
  Previous permit DMR "From 07/01/07 to 06/30/08"
    Comment field: "From 07/01/07 to 09/30/07"
  Reissued permit DMR "From 07/01/07 to 06/30/08"
    Comment field: "From 10/01/07 to 06/30/08"

 

Presentations:

Storm Water Discharges from inactive platforms: If you have structures in the Gulf of Mexico that are not covered by the NPDES OCS general permit that are "industrial" in nature (40 CFR 122.26(b)(14)) and they have storm water discharges from deck drainage, etc., then these facilities may be required to have an NPDES permit. If you have coverage under the NPDES OCS general permit, this permit covers those discharges. If you terminate the NPDES OCS general permit (e.g., you stop production and shut in the well) and still have storm water discharges from an industrial activity, you will need to seek alternative NPDES coverage. Oil & gas exploration and production facilities are SIC code 1381 found at 40 CFR 122.26(b)(14)(iii). Oil & Gas exploration and production facilities are exempted from needing an NPDES permit if they have not had a reportable quantity discharge (e.g., a sheen) or caused a water quality violation (see 40 CFR 122.26(c)(1)(iii)). You can find more information at the EPA Region 6 storm water enforcement web page.

Coast Guard and EPA Enforcement of Spills: Both the EPA and the Coast Guard enforce provisions in the Clean Water Act and there are some overlapping jurisdictions in the Gulf of Mexico. EPA performs Section 309 (33 USC 1319) enforcement assuring compliance with NPDES permits and for unpermitted discharges of pollutants to waters of the U.S. The Coast Guard performs Section 311 (33 USC 1321) enforcement of oil spills (Section 311 is also known as the Oil Pollution Act). Section 311(b)(11) says "Civil penalties shall not be assessed under both this section and section 309 for the same discharge." If you have an oil spill, then you could face an enforcement action under either 309 or 311, but not both. The defendent must raise this defense if enforcement has already commenced under either section.

Offshore Operators Committee (OOC) meeting in New Orleans, May 30, 2002 - EPA participated in the OOC meeting and provided guidance on administrative items relating to the OCS general permit. Items discussed included applications, transfers, DMRs, and new Synthetic fluids reporting requirements. A PowerPoint presentation [instruction for now expired 1998 permit] was presented explaining these administrative requirements. This Power Point version includes some minor changes from the New Orleans presentation based on input from the participants. For more DMR details, see the DMR Instructions.

Mail to the Agency: Please note that EPA Region 6 has changed mail handling procedures. Suspicious mail will have to go through additional screening and may not be delivered timely. Please make sure your mail is properly addressed, including a complete and accurate return address, to assure your mail is delivered in a timely fashion. Make sure that certfied mail has a return address on the letter in addition to the return address on the green card.

Vessels & NPDES permits: Section 301 of the Act prohibits discharges of pollutants to waters of the U.S. without an NPDES permit. "Discharge of a Pollutants" as defined at 40 CFR 122.2 does not include discharges from "a vessel or other floating craft which is being used as a means of transportation." However, if the vessel is not being used for transportation (e.g., it is being used for oil and gas exploration/production), then the discharges are subject to the NDPES program. Discharges from vessels or other floating craft being used for transportation are regulated by the U.S. Coast Guard.

CWA Section 502(12)(b) [33 U.S.C. Section 1362(12)], excludes addition of a pollutant from "a vessel or other floating craft" to the ocean or contiguous zone from its definition of "discharge of a pollutant".

40 C.F.R. 122.3:

The following discharges do not require NPDES permits:

(a) Any discharge of sewage from vessels, effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel. This exclusion does not apply to rubbish, trash, garbage, or other such materials discharged overboard; nor to other discharges when the vessel is operating in a capacity other than as a means of transportation such as when used as an energy or mining facility, a storage facility or a seafood processing facility, or when secured to a storage facility or a seafood processing facility, or when secured to the bed of the ocean, contiguous zone or waters of the United States for the purpose of mineral or oil exploration or development.

An Offshore Compliance Order was issued Feb. 16, 2002, with schedule to comply with the permit modifications that take effect on the same day.

EPA Region 6 issued a Press Release regarding Offshore Gas Production facilities on November 28, 2001.

US Dept. of Interior - Minerals Management ServiceU.S. Coast Guard Logo Offshore Operators Committee

Oil and Gas Permits, Forms, Documents (mostly in Adobe Acrobat PDF file format) and links:

The final NPDES General Permit [Adobe Acrobat PDF file format] for New and Existing Sources and New Discharges in the Offshore Subcategory of the Oil and Gas Extraction Category for the Western Portion of the Outer Continental Shelf (OCS) of the Gulf of Mexico (GMG290000) and Notice of a Proposed Modification to that permit was published at 72 Fed. Reg. No. 109, p. 31575, published June 7, 2007, effective October 1, 2007. 

2004 Permit Discharge Monitoring Report instructions for Offshore permittees.

2007 Permit Discharge Monitoring Report instructions for Offshore permittees.

Economic Analysis of Proposed Effluent Limitations Guidelines and Standards for Synthetic-Based Drilling Fluids and Other Non-Aqueous Drilling Fluids in the Oil and Gas Extraction Point Source Category.

Final NPDES General Permit for New and Existing Sources and New Dischargers in the Offshore Subcategory of the Oil and Gas Extraction Category for the Western Portion of the Outer Continental Shelf of the Gulf of Mexico (GMG290000) as published at 63 Fed. Reg. No. 211, p. 58722, November 2, 1998.

Environmental Assesment of Final Effluent Limitations Guidelines and Standards for Synthetic-Based Drilling Fluids and other Non-Squeous Drilling Fluids in the Oil and Gas Extraction Point Source Category: www.epa.gov/ost/guide/sbf/

EPA's Office of Wetlands, Oceans & Watersheds is our headquarters office in Washington DC that developes polices and guidelines on discharges from offshore platforms.

Final NPDES General Permit for Discharges from the Oil and Gas Extraction Point Source Category to Coastal Waters in Texas (TXG330000) This final permit was published in the Federal Register on July 7, 2007 (72 Fed. Reg. No. 109, p. 31579). Federal Register Notice. Application: Notice of Intent.

Final NPDES General Permit for Discharges from the Oil and Gas Extraction Point Source Category to Coastal Waters in Texas (TXG330000) This final permit was published in the Federal Register on November 15, 2001 (66 Fed. Reg. No. 22, p. 57457-57465). Response to Comments.

Final NPDES General Pemrits for Produced Water and Produced Sand Discharges from Oil and Gas Extraction Point Source Category to Coastal Waters in Louisiana (LAG290000) and Texas (TXG290000) [60 Fed. Reg. No. 5, p. 2387, January 9, 1995]

Final NPDES General Permits for the Oil and Gas Extraction Point Source Categroy, Onshore Subcategory - States of Louisiana (LAG320000), New Mexico (NMG320000), Oklahoma (OKG320000), and Texas (TXG320000) [56 Fed. Reg. No. 37, p 7698, February 25, 1991]

Final NPDES General Permits for the Coastal Waters of Louisiana (LAG330000) and Texas (TXG330000) [58 Fed. Reg. No. 181, p. 49126, September 21, 1993]

EPA Region 6 Water Management Division's General Permits web page (contains all general permits including oil/gas and offshore general permits).

Common Compliance Issues:

Non-compliance Reporting: Part II.D.7. of the OCS Permit (GMG290000), as well as in the Standard Conditions section of most NPDES permits, requires the permittee to report any non-compliance which may endanger health or the environment within 24 hours. The 24 Hour report may be either on telephone to (214)665-6593 or by E-mail to r6genpermit@epa.gov. Additionally, the oral/e-mail report is required to be followed up by a written report within 5 days of the time the permittee becomes aware of the situation. This written report shall be certified [40 CFR 122.22(d)] and signed by an authorized official [40 CFR 122.22(a)], and include your specific permit number (e.g. GMG29#### and not just GMG290000) and information regarding the non-compliance, its duration, any environmental impacts, and any remediation actions taken.

Questions and Answer document developed with the Offshore Operators Committee for the Feb. 16th permit modifications.

Authorized Signatories:

40 CFR 122.22(d), as well as Part II.D.10. of the OCS permit, states that "All applications [NOIs, Transfer Agreements, Mergers, etc.], reports [Discharge Monitoring Reports, Non-compliance Reports, etc.], or information [address/contact name updates], NOT's, submitted to the Director shall be signed and certified. Many operators fail to have their documents properly signed and certifed by an authorized official of their company. The following is the certification that must accompany these documents:
"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 gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those person 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."

An example letter of Delegation of Signatory Authority for the Offshore Outer Continental Shelf General Permit (GMG29####) has been prepared for use by those permittees.

40 CFR 122.22 was revised effective July 1, 2001 to amend the requirements of an authorized person. If you are corresponding with EPA regarding compliance with a permit you already have, you are to use the definition of authorized person in your permit language. Upon modification or reissuance of your NPDES permit, the definition will be updated. If do not have an NPDES permit, you should use the new definition of authorized person.

EPA tracks all of your documentation by NPDES permit number (e.g. GMG29####). To assure your correspondence is properly filed, please make reference to your permit number in all correspondence to EPA. Also, be sure and spell out the name of the lease area. While MMS uses abbreviations, there are some duplicates (e.g. MI could be either Matagorda Island or Mustang Island) and spelling the lease area out will eliminate any confusion.

"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.

“New Source” does not include facilities covered by an existing NPDES permit immediately prior to the effective date of these guidelines pending EPA issuance of a new source NPDES permit.

Also, exploration facilities are not defined as new sources.

The guidelines were issued on March 4, 1993 [58 Fed. Reg. No. 12504], any facility put in place after that date is a new source. It should be noted that the new source definition has little actual meaning in this case since the limits are the same for both existing sources and new sources for the 1998 GMG290000 permit. Effluent guidelines were also published at 61 Fed. Reg. No. 66085, December 16, 1996.

Offshore Database: Here is the Offshore database downloaded from the Permit Compliance System at the beginning of November 30, 2004 and does not reflect current permitting status: Outfalls and Company Names in Excel format (Zipped), and DMR information in Text format (Zipped). The Outfalls and Company Names file includes both the OCS database and the Texas Territorial Seas database. You can also obtain this information directly from our PCS web page. Here are some instructions for using the PCS web page to obtain Offshore NPDES outfall information.

The database will show both active and inactive permits. Some permits may show active past their termination date until the final DMRs are submitted. This is a result of DMR's being due after termination if you terminate in the middle of a monitoring period. Be aware that you can have an inactive (NOT filed) outfall on an active permit. So check both fields to make sure the outfall is active and authorized. If the database does not reflect what you believe is your current permitting status, please contat Ms. Sharon Haggard for verification of current permitting status at (214)665-6472.

Outfall Designations in the database:

Column Headings
Column Headings Description
FNMS “Operator” name
NPID “Operator’s” assigned NPDES permit #
IACC “A” means the assigned permit # remains open/active
“I” means the assigned permit # has been terminated
IADT If a date appears, this is the date the NPDES permit number was terminated.
DSDG

Outfall number assigned to a lease area/block. This “number” is represented by 3 numeric characters/1 alpha character (i.e., 001A). Alpha character descriptions are as follows:

Alpha Description
P/J Produced water toxicity requirement in effect “From 11/02/98 To 06/30/99". This represents the produced water toxicity monitoring requirements from the previous OCS General Permit that expired on November 17, 1997.
T/Y/Z Produced water toxicity requirement in effect “From 07/01/99 to 11/03/03". This represents the produced water toxicity monitoring requirements from the current, administratively continued, OCS General Permit that expired on November 3, 2003.
S/R/W Synthetic Based Muds (SBM) requirement.
A/B/C All other monitoring requirements, except produced water toxicity and SBM.
PIPE Lease area name/block #
STSU Date 1st DMR due
PIAC “A” means the outfall number remains open/active
“I” means the outfall number has been terminated
PIDT If a date appears, this is the date the outfall number was terminated (based on the date EPA received the NOT).

EPA's Office of Enforcement and Compliance Assurance has prepared an Online Training Manual for MMS inspectors. While not developed specifically for the regulated community, some of the information may be useful for permittees and those interested in how the NPDES program is administered on offshore platforms.


General Permits

Regulatory background and history of the Region 6 Offshore General Permits (circa January 2004)

1998 NPDES Outer Continental Shelf offshore general permit GMG290000 - see above for permit language.

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)

Final NPDES General Permit for Discharges from Petroleum Bulk Stations and Terminals in Texas (TXG340000)

Tentative Decision by the Regional Administrator concerning Gulf of Mexico Oil and Gas Development

NPDES General Permit for the Territorial Seas off Texas (TXG260000) - The effective date was November 5, 2005. The permit expires November 4, 2009. The permit was issued August 26, 2005. The date on the cover of the Permit says August 5, 2005, but that was just a routing date.

Final NPDES General Permits for Discharges Resulting from Implementing Corrective Action Plans for Cleanup of Petroleum UST Systems in Texas (TXG830000), Louisiana (LAG830000), Oklahoma (OKG830000) and New Mexico (NMG830000)


Miscellaneous Historical Documents

Department of Interior's Minerals Management Service abbreviations for lease areas (Microsoft Excel format) in the Gulf of Mexico (includes the entire Gulf, and not just EPA Region 6 jurisdiction). Please do not use abbreviations for your communications with EPA. Applications that do not have the full lease area name will not be accepted.

Outer Continental Shelf Coordination Committee from 1981

General Permitting Strategy for OCS Oil & Gas Activities under EPA/MMS MOU - 1985

40 CFR Part 435 - Oil and Gas Extraction Point Source Category; Final Effluent Limitations Guidelines and Standards for the Coastal Subcategory; Final Rule - published at 61 Fed. Reg. No. 66085, December 16, 1996.

Offshore Effluent Guidelines published March 4, 1993, 58 Fed. Reg. No. 12504. Please note that exploration facilities are not defined as new sources.

NPDES Discharges from Offshore Subcategory of the Oil and Gas Extration Point Source Category to the Territorial Seas of Louisiana (LAG260000) Responses and Comments - 1996.


History of the Region 6 OCS NPDES General Permits

Permit No. Effective Date Citation Expiration Date
TX0085642 April 3, 1981 46 FR 20284 April 3, 1983
re-issue September 15, 1983 48 FR 41494 June 30, 1984
GMG280000 (joint with EPA Region 4) July 9, 1986 51 FR 24897 July 1, 1991
GMG290000 (Region 6 only) November 19, 1992 57 FR 54642 November 18, 1997
modified December 3, 1993 58 FR 63964 November 18, 1997
re-issued, adds GMG390000, New Source August 9, 1996 61 FR 41609 November 18, 1997
re-issued Part 1 November 2, 1998 63 FR 58722 November 3, 2003
re-issued Part 2 (Produced Water) April 19, 1999 64 FR 19156 November 3, 2003
modified (SBM) December 18, 2001 66 FR 65209 November 3, 2003
reissue November 6, 2004 69 FR 60150 November 5, 2007

EPA Region 6 covers the Western portion of the Gulf of Mexico off of the Coasts of Texas and Louisiana. EPA Region 4 covers the Eastern portion of the Gulf of Mexico.

EPA Ship - the Bold - Front EPA Ship - the Bold - Propulsion EPA Ship - The Bold - Top-side EPA Ship - The Bold - Front Port-side EPA Ship - The Bold - Front Port-Side


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