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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Notices
and interventions in lieu of paper using the eFile link at http www.ferc.gov.
Persons unable to file electronically may mail similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426.
Hand delivered submissions in docketed proceedings should be delivered to Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852.
Comment Date: 5:00 p.m. Eastern Time on Tuesday, February 23rd, 2021.
Dated: February 8, 2021.
Nathaniel J. Davis, Sr., Deputy Secretary.
FR Doc. 202102898 Filed 21121; 8:45 am BILLING CODE 671701P

ENVIRONMENTAL PROTECTION
AGENCY
EPAR06OW20200608; FRL1001998
Region 6

Approval of the Application by the State of Texas for Partial National Pollutant Discharge Elimination System NPDES Program Authorization for Oil and Gas Discharges Environmental Protection Agency EPA.
ACTION: Notice.
AGENCY:

On January 15, 2021, the Regional Administrator for the United States Environmental Protection Agency EPA, Region 6 approved the request of the State of Texas for Partial National Pollutant Discharge Elimination System NPDES program authorization for discharges from produced water, hydrostatic test water and gas plant effluent, hereafter referred to as oil and gas discharges, within the State of Texas. On October 12, 2020, the Governor of Texas submitted the application for NPDES oil and gas authorization, seeking approval for the Texas Commission on Environmental Quality TCEQ to implement a Major Category Partial NPDES Program as provided for under the Clean Water Act CWA or the Act. Today, the EPA is providing public notice of the approval of the States submittal of the application for NPDES oil and gas authorization.
DATES: Pursuant to 40 CFR part 123.61c, the Partial NPDES Program of the State of Texas was approved and became effective January 15, 2021.
To View and/or Obtain Copies of Documents. A copy of the application and related documents may be viewed or downloaded, at no cost, from the EPA
SUMMARY:

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website at https www.epa.gov/npdespermts.
FOR FURTHER INFORMATION CONTACT: Ms.
Kilty Baskin, EPA Region 6 Office, NPDES/Wetland Review Section R6
WDPN, 2146657500, baskin.kilty@
epa.gov.
SUPPLEMENTARY INFORMATION:
A. General Information 1. Does this action apply to me?
Entities potentially affected by this action include the regulated oil and gas community and citizens within the State of Texas. As of January 15, 2021, authority to implement the NPDES
permitting, compliance monitoring and enforcement program for oil and gas activities in Texas transferred from the EPA to the TCEQ. The TCEQs authority applies on land within the State of Texas and extends 3.0 statute miles 1
statute mile equals 5,280 feet offshore into the Gulf of Mexico. The EPA retains jurisdiction for discharges more than 3
statute miles offshore in the Gulf of Mexico. Thus, CWA oil and gas exploration and production related discharges in these waters remain subject to the EPAs Outer Continental Shelf of the Gulf of Mexico General Permit GMG290000. In addition, spills or releases of hydrocarbons subject to the Oil Pollution Act are not subject to the NPDES program. The EPAs authority to address releases of hydrocarbons to waters of the United States under the Oil Pollution Act is not subject to the NPDES program and therefore cannot be delegated to states.
The TCEQ will continue to refer incidents to EPA as the regulatory authority for the Oil Pollution Act. The TCEQ NPDES program does not apply in areas of Indian country as defined in 18 U.S.C. 1151. The EPA retains jurisdiction over discharges in these areas. If you have any questions regarding the applicability of this action to a particular entity, please contact Ms.
Kilty Baskin at 2146657500, baskin.kilty@epa.gov.
2. What action is the EPA taking?
The EPA is providing notice of the approval of the State of Texas request for partial NPDES program authorization for oil and gas discharges within the State. The Governor of Texas submitted the application for NPDES oil and gas authorization pursuant to Section 402b of the CWA, seeking approval for the TCEQ to implement a major category partial NPDES program under Section 402n3 of the Act. In accordance with CWA Section 402b, 33 U.S.C. 1342b, and NPDES
regulations at 40 CFR part 123, the EPA

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shall approve a States application for program approval unless adequate authority does not exist as required by the CWA.
3. What is the EPAs authority for taking this action?
CWA section 402 established the NPDES permitting program and gives the EPA authority to approve state NPDES programs. 33 U.S.C. 1342b.
CWA Section 402n3 authorizes the EPA to approve a Major Category Partial Permit Program covering administration of a major category of discharges if A
such program represents a complete permit program and covers all of the discharges under the jurisdiction of a department or agency of the State; and B the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection b. 33 U.S.C. 1342n3.
State Permit Program Approval:
Section 402 of the CWA, 33 U.S.C. 1342, created the NPDES program under which the EPA may issue permits authorizing the point source discharge of pollutants to waters of the United States under conditions required by the Act. CWA Section 402b, 33 U.S.C.
1342b, provides that the EPA shall approve a States request to administer its own permit program provided the State has appropriate legal authority and a state program that meets the Acts requirements. The regulatory requirements for state program submissions and for EPA state program approval are set forth in 40 CFR part 123
https www.ecfr.gov/.
Decision Process: Pursuant to 40 CFR
123.61b, the EPA must approve or disapprove Texas application for NPDES oil and gas authorization within 90 days of receipt of a complete program submission, unless this review period is extended by mutual agreement between the EPA and the State pursuant to 40
CFR 123.21d. Under CWA 402b and 40 CFR part 123, the State must show, among other things that it has the authority to issue permits that comply with the Act, authority to impose civil and criminal penalties for permit violations, and authority to ensure that the public is given notice and an opportunity for a hearing on each proposed permit. Once the States request for program approval is declared complete, the CWA and its implementing regulations require the EPA to provide notice of the States application and allow a comment period of at least 45 days during which the public may express their views on the proposed State program. The EPAs public notice of the application must
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