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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Notices
requirements of CWA 402b and 40
CFR part 123 and taking into consideration all comments received.
However, pursuant to 40 CFR part 123.21d, the EPA and the State agreed via email dated January 5, 2021, to extend the 90-day statutory review period deadline from January 11, 2021
to January 19, 2021 to allow the EPA
additional time to consider and respond to all public comments.
Public notice of the application: On November 27, 2020, the EPA published notice of the States application for NPDES program authorization for oil and gas discharges within the State and opened a 45-day comment period as required by 40 CFR part 123.61a, which ended on January 11, 2021 85 FR
76076.
Public notice of the States application was also published in the following newspapers:
Dallas Morning News Houston Chronicles El Paso Herald El Paso Time Austin Times Public Participation Process: The EPA
held a public meeting and public hearing regarding the States application virtually via Adobe Connect on January 5, 2021. The EPA deviated from its typical hearing approach because of the Presidents national emergency declaration due to the COVID19
pandemic. Because of the current Center for Disease Control and Prevention recommendations, as well as state and local orders for social distancing to limit the spread of COVID19, the EPA could not hold in-person public meetings/
public hearings. The public meeting included an overview of federal and state NPDES program requirements, the state program approval and submittal process in accordance with 40 CFR part 123, and the general elements of Texas proposed program for administration of the NPDES program for oil and gas discharges including the roles and responsibilities of the EPA and the TCEQ. The public hearing provided interested parties the opportunity to provide oral testimony for the official record. There were 52 attendees at the public meeting and 35 attendees at the public hearing. Two individuals presented oral testimony at the public hearing and 156 written comments were received by EPA prior to the close of the comment period.
Summary of Comments Received: In addition to the oral testimony at the public hearing, the EPA received 156
comments on the State of Texas request for NPDES program authorization for oil and gas discharges. Comments were received from the following entities:

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The Texas Alliance of Energy Producers Environmental Defense Fund The Sierra Club, Lone Star Chapter Bay Coastal Watch Association Audubon Texas Pioneer Natural Resources, USA, Inc.
Texas Independent Producers and Royalty Owners Association The American Exploration and Production Council AXPC
Citizens of the local communities EPA received 156 written comments.
Of those 156 comments, approximately 130 were very similar in nature, expressing concern with the States request to implement the NPDES oil and gas program in the State and requesting an extension of the 45-day public comment period. Commenters in opposition to EPAs approval of the State program expressed various concerns, including TCEQs ties to the oil and gas industry, the lack of current understanding as to the composition of produced waters, and the need for updated effluent limitations guidelines related to oil and gas discharges. At least one commenter acknowledged that the States program likely met the minimum requirements for authorization under the CWA and 40
CFR part 123, but expressed concern that the EPA retain sufficient oversight over permit review and issuance to ensure compliance with the CWA.
The EPA received 6 comments in support of the States request for program authorization. These commenters asserted, among other things, that TCEQ has extensive experience with writing NPDES permits for a wide range of discharges, that the requirement to incorporate applicable effluent limitations guidelines into discharge permits will not change with the transfer of NPDES permitting authority from EPA to TCEQ, and that TCEQ is the agency most knowledgeable with regard to the quality of State water bodies and the permit requirements needed to protect those water bodies.
All comments received by the EPA
were considered by the agency in making its final decision to approve Texas request for program authorization. Copies of all comments received and EPAs written responses to those comments are available at https
www.epa.gov/npdes-permits.
Additional information about the States request for partial NPDES
program authorization, including a copy of the States application and supporting documents, is available at www.regulations.gov, Docket No. EPA
R0620200608, or at EPAs Region 6
web page https www.epa.gov/npdespermits. Documents from the public
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meeting and a transcript of the public hearing are available at the web page.
On December 17, 2020, the EPA held a virtual tribal consultation conference to notify affected Tribes of the opportunity for formal and informal consultation, as well as the availability of EPA staff for informal discussions through-out the public participation process. The federally-recognized Texas Tribes that were represented included:
The Alabama-Coushatta Tribes of Texas and the Kickapoo Traditional Tribe of Texas. The Ysleta del Sur Pueblo was not in attendance. The EPA did not receive any comments from the Tribes during the 45-day public comment period on the State of Texass request for NPDES program authorization for oil and gas discharges within the State or a request to initiate formal consultation.
Therefore, the EPA concluded that a formal tribal consultation was not required.
Authority: This action is taken under the authority of section 402b of the Clean Water Act as amended, 33 U.S.C.
1342b. Pursuant to 40 CFR 123.61c, I hereby provide public notice of the EPAs final action approving the State of Texas request for NPDES program authorization for discharges of produced water, hydrostatic test water, and gas plant effluent, otherwise known as oil and gas discharges, within the State.
Dated: February 5, 2021.
David Gray, Acting Regional Administrator, Region 6.
FR Doc. 202102895 Filed 21121; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
EPAR10OAR20200563; FRL10016
50Region 10

Final Eligibility Determination for the Kalispel Tribe To Be Treated in the Same Manner as a State Under Provisions of the Clean Air Act Environmental Protection Agency EPA.

AGENCY:
ACTION:

Notice.

This notice announces that on December 1, 2020, the Environmental Protection Agency EPA Region 10
Regional Administrator determined that the Kalispel Tribe meets the eligibility requirements of the Clean Air Act CAA
to be treated in the same manner as a state TAS for non-regulatory purposes under certain CAA provisions. None of the provisions for which the Kalispel
SUMMARY:

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