81 FR 67191 - Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category-Implementation Date Extension

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range		67191-67193
FR Document		2016-23456

The Environmental Protection Agency (EPA) is taking direct final action to extend the implementation deadline for certain facilities subject to the final rule establishing pretreatment standards under the Clean Water Act (CWA) for discharges of pollutants into publicly owned treatment works (POTWs) from onshore unconventional oil and gas (UOG) extraction facilities (81 FR 41845; June 28, 2016). EPA is making this revision in response to new information suggesting that there are likely facilities subject to the final rule not presently meeting the zero discharge requirements in the final rule.

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67191-67193]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-23456]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 435

[EPA-HQ-OW-2016-0598; FRL-9953-26-OW]
RIN 2040-AF68

Effluent Limitations Guidelines and Standards for the Oil and Gas
Extraction Point Source Category--Implementation Date Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to extend the implementation deadline for certain
facilities subject to the final rule establishing pretreatment
standards under the Clean Water Act (CWA) for discharges of pollutants
into publicly owned treatment works (POTWs) from onshore unconventional
oil and gas (UOG) extraction facilities (81 FR 41845; June 28, 2016).
EPA is making this revision in response to new information suggesting
that there are likely facilities subject to the final rule not
presently meeting the zero discharge requirements in the final rule.

DATES: This direct final rule is effective on November 29, 2016 without
further notice, unless EPA receives adverse comment by October 31,
2016. If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the direct
final rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-HQ-
OW-2016-0598], at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For more information, see EPA's Web
site: https://www.epa.gov/eg/unconventional-oil-and-gas-extraction-effluent-guidelines. For technical information, contact Karen Milam,
Engineering and Analysis Division (4303T), Office of Water,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone: 202-566-1915; email:
milam.karen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

Entities potentially regulated by this final action include:

----------------------------------------------------------------------------------------------------------------
North American Industry
Category Example of regulated entity Classification System
(NAICS) code
----------------------------------------------------------------------------------------------------------------
Industry....................................... Crude Petroleum and Natural Gas 211111
Extraction.
Industry....................................... Natural Gas Liquid Extraction......... 211112
----------------------------------------------------------------------------------------------------------------

II. Why is EPA issuing a direct final rule?

EPA is publishing this direct final rule without a prior proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. This direct final rule merely extends the
implementation deadline for existing onshore UOG extraction facilities
that were discharging to POTWs on or between the date of the Federal
Register Notice

[[Page 67192]]

of the proposed rule (April 7, 2015) and the date of the Federal
Register Notice of the final rule (June 28, 2016) to the default three
year period provided in the General Pretreatment Regulations. This
direct final rule does not otherwise amend the final pretreatment
standards rule in any way. In the ``Proposed Rules'' section of today's
Federal Register, however, we are publishing a separate document that
will serve as the proposed rule to extend the implementation date if we
receive adverse comments on this direct final rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this direct final rule, see the
ADDRESSES section of this document.
If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.

III. Supplementary Information

A. Background

EPA promulgated revisions to Effluent Guidelines and Standards for
the Oil and Gas Extraction Point Source Category which established
pretreatment standards for onshore unconventional oil and gas
extraction facilities (81 FR 41845, June 28, 2016). In this final rule,
EPA established pretreatment standards prohibiting the discharge of
pollutants in UOG extraction wastewater to POTWs, and established an
effective date of August 29, 2016. In the preamble to the final rule,
EPA indicated that because UOG facilities were currently meeting this
zero discharge requirement, the implementation deadline for these
pretreatment standards would be the same as the effective date of the
final rule. After promulgation of the final rule, EPA received two
letters indicating that there are likely facilities discharging UOG
wastewater to POTWs; this is new information to EPA.

B. Description of EPA's Action

Based on this post-promulgation information submitted to EPA
suggesting that there are likely facilities subject to the final
pretreatment standards rule that are currently discharging UOG
wastewater to POTWs, EPA is extending the implementation deadline for
existing sources that were lawfully discharging to POTWs on or between
April 7, 2015 and June 28, 2016 to three years from the effective date
of the rule--to August 29th, 2019. This direct final rule does not
change the compliance date for all other facilities subject to the
final onshore UOG extraction pretreatment standards rule. The final
pretreatment standards did not specify a compliance date in the
regulatory text; rather, EPA included a compliance date equal to the
effective date of the rule in the preamble to the rule, based on the
Agency's record indicating that no facilities were discharging UOG
wastewater to POTWs. Because of post-promulgation information
indicating that some facilities are likely discharging UOG wastewater
to POTWs, EPA is extending the compliance date for these facilities.
EPA notes that specifying a compliance date of three years from the
effective date of the final pretreatment standards rule is consistent
with EPA's General Pretreatment Regulations, which require existing
sources to meet categorical pretreatment standards within three years
of the effective date of such standards, unless a shorter compliance
time is specified therein. 40 CFR 403.6(b). For purposes of this direct
final rule, compliance date and implementation date are used
interchangeably.
EPA will not consider any comment submitted on the direct final
rule published today on any topic other than the appropriateness of an
extension of the compliance date; any other comments will be considered
to be outside the scope of this rulemaking.

IV. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821, January 21, 2011), this action is
not a ``significant regulatory action'' and is therefore not subject to
OMB review. With respect to the Regulatory Flexibility Act (5 U.S.C.
601 et seq.), this action will not have a significant economic impact
on a substantial number of small entities--as this direct final
relieves regulatory burden by extending the compliance date for any
business (including small businesses) that were discharging UOG
wastewater to POTWs at the time of issuance of the pretreatment
standard. For the Sections 202 and 205 of the Unfunded Mandates Reform
Act of 1999 (UMRA) (Pub. L. 104-4), this action does not significantly
or uniquely affect small governments. The action imposes no incremental
enforceable duty on any state, local or tribal governments or the
private sector. This action does not create new binding legal
requirements that substantially and directly affect Tribes under
Executive Order 13175 (65 FR 67249, November 9, 2000). This action does
not have significant Federalism implications under Executive Order
13132 (64 FR 43255, August 10, 1999). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994). This action
does not involve technical standards; thus, the requirements of Section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply.

Congressional Review Act

This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 435

Environmental protection, Pretreatment, Waste treatment and
disposal, Water pollution control, Unconventional oil and gas
extraction.

Dated: September 22, 2016.
Gina McCarthy,
Administrator.

Therefore, 40 CFR part 435 is amended as follows:

PART 435--OIL AND GAS EXTRACTION POINT SOURCE CATEGORY

0
1. The authority citation for part 435 continues to read as follows:

Authority: 33 U.S.C. 1251, 1311, 1314, 1316, 1317, 1318, 1342
and 1361.

Subpart C--Onshore Subcategory

0
2. Add paragraph (a)(3) to Sec. 435.33 to read as follows:

Sec. 435.33 Pretreatment standards for existing sources (PSES).

(a) * * *

[[Page 67193]]

(3) Compliance deadline for existing sources. Existing sources
lawfully discharging into publicly owned treatment works on or between
April 7, 2015 and June 28, 2016 shall comply with the PSES by August
29, 2019. All other existing sources shall comply by August 29, 2016.
* * * * *
[FR Doc. 2016-23456 Filed 9-29-16; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67191

CSAPR Update for the 2008 Ozone Trading Program, the EPA’s default publish a timely withdrawal in the
NAAQS’’ that is included in the docket allocations for each control period are Federal Register informing the public
for the CSAPR Update final rule and has annually determined during and after that the direct final rule will not take
been posted on the EPA’s Web site at the control period based on current and effect.
https://www.epa.gov/airmarkets/final- prior year emission data, using a
cross-state-air-pollution-rule-update. methodology set out in the regulatory ADDRESSES: Submit your comments,
The spreadsheet contains the default text.9 identified by Docket ID No. [EPA–HQ–
allocations of allowances for each OW–2016–0598], at http://
Dated: September 22, 2016. www.regulations.gov. Follow the online
control period starting with 2017. For
Reid P. Harvey, instructions for submitting comments.
EGUs in all covered states except
Director, Clean Air Markets Division. Once submitted, comments cannot be
Arkansas, the unit-level allocations in
the spreadsheet are the same for each [FR Doc. 2016–23434 Filed 9–29–16; 8:45 am] edited or removed from Regulations.gov.
year. For EGUs in Arkansas, the unit- BILLING CODE 6560–50–P EPA may publish any comment received
level allocations for many EGUs are to its public docket. Do not submit
higher for the 2017 control period electronically any information you
because Arkansas’ 2017 ozone season ENVIRONMENTAL PROTECTION consider to be Confidential Business
NOX emissions budget is higher than its AGENCY Information (CBI) or other information
emissions budget for the control period whose disclosure is restricted by statute.
40 CFR Part 435 Multimedia submissions (audio, video,
in 2018 and subsequent years. The
spreadsheet also contains the data used [EPA–HQ–OW–2016–0598; FRL–9953–26– etc.) must be accompanied by a written
to compute the allocations and OW] comment. The written comment is
describes how the computations are considered the official comment and
RIN 2040–AF68
performed. The EPA is not requesting should include discussion of all points
comment on the allocations, underlying Effluent Limitations Guidelines and you wish to make. EPA will generally
data, or allocation methodology. Standards for the Oil and Gas not consider comments or comment
The EPA notes that an allocation or Extraction Point Source Category— contents located outside of the primary
lack of allocation of emission Implementation Date Extension submission (i.e. on the web, cloud, or
allowances to a given EGU does not other file sharing system). For
constitute a determination that CSAPR AGENCY: Environmental Protection additional submission methods, the full
does or does not apply to the EGU.5 The Agency (EPA). EPA public comment policy,
EPA also notes that allocations are ACTION: Direct final rule. information about CBI or multimedia
subject to potential correction under the submissions, and general guidance on
SUMMARY: The Environmental Protection making effective comments, please visit
rule.6
In accordance with the allowance Agency (EPA) is taking direct final https://www.epa.gov/dockets/
recordation deadlines set forth in the action to extend the implementation commenting-epa-dockets.
regulations, the EPA will record deadline for certain facilities subject to
the final rule establishing pretreatment FOR FURTHER INFORMATION CONTACT: For
allocations of CSAPR NOX Ozone more information, see EPA’s Web site:
Season Group 2 allowances to existing standards under the Clean Water Act
(CWA) for discharges of pollutants into https://www.epa.gov/eg/
units for the 2017 control period by unconventional-oil-and-gas-extraction-
January 3, 2017 (the first business day publicly owned treatment works
(POTWs) from onshore unconventional effluent-guidelines. For technical
after January 1, 2017).7 The EPA will information, contact Karen Milam,
also record allocations for the 2018 oil and gas (UOG) extraction facilities
(81 FR 41845; June 28, 2016). EPA is Engineering and Analysis Division
control period by that same date except (4303T), Office of Water, Environmental
in instances where a state has provided making this revision in response to new
information suggesting that there are Protection Agency, 1200 Pennsylvania
the EPA with timely notice of the state’s
likely facilities subject to the final rule Ave. NW., Washington, DC 20460–0001;
intent to submit a SIP revision with
not presently meeting the zero discharge telephone: 202–566–1915; email:
state-determined allowance allocations
requirements in the final rule. milam.karen@epa.gov.
replacing the EPA’s default allocations
for the 2018 control period.8 DATES: This direct final rule is effective SUPPLEMENTARY INFORMATION:
For units commencing commercial on November 29, 2016 without further
I. Does this action apply to me?
operation on or after January 1, 2015, notice, unless EPA receives adverse
termed ‘‘new’’ units for purposes of the comment by October 31, 2016. If EPA Entities potentially regulated by this
CSAPR NOX Ozone Season Group 2 receives adverse comment, we will final action include:

North American Industry
Category Example of regulated entity Classification System
(NAICS) code

Industry ................................................ Crude Petroleum and Natural Gas Extraction .................................................. 211111
Industry ................................................ Natural Gas Liquid Extraction ........................................................................... 211112
asabaliauskas on DSK3SPTVN1PROD with RULES

II. Why is EPA issuing a direct final because we view this as a deadline for existing onshore UOG
rule? noncontroversial action and anticipate extraction facilities that were
no adverse comment. This direct final discharging to POTWs on or between
EPA is publishing this direct final rule merely extends the implementation the date of the Federal Register Notice
rule without a prior proposed rule
5 See 40 CFR 97.811(a)(1). 7 See 40 CFR 97.821(a). 9 See 40 CFR 97.812.
6 See 40 CFR 97.811(c). 8 See 40 CFR 52.38(b)(7) and 97.821(b).

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67192 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations

of the proposed rule (April 7, 2015) and the rule—to August 29th, 2019. This FR 67249, November 9, 2000). This
the date of the Federal Register Notice direct final rule does not change the action does not have significant
of the final rule (June 28, 2016) to the compliance date for all other facilities Federalism implications under
default three year period provided in subject to the final onshore UOG Executive Order 13132 (64 FR 43255,
the General Pretreatment Regulations. extraction pretreatment standards rule. August 10, 1999). Because this final rule
This direct final rule does not otherwise The final pretreatment standards did not has been exempted from review under
amend the final pretreatment standards specify a compliance date in the Executive Order 12866, this final rule is
rule in any way. In the ‘‘Proposed regulatory text; rather, EPA included a not subject to Executive Order 13211,
Rules’’ section of today’s Federal compliance date equal to the effective entitled Actions Concerning Regulations
Register, however, we are publishing a date of the rule in the preamble to the That Significantly Affect Energy Supply,
separate document that will serve as the rule, based on the Agency’s record Distribution, or Use (66 FR 28355, May
proposed rule to extend the indicating that no facilities were 22, 2001) or Executive Order 13045,
implementation date if we receive discharging UOG wastewater to POTWs. entitled Protection of Children from
adverse comments on this direct final Because of post-promulgation Environmental Health Risks and Safety
rule. We will not institute a second information indicating that some Risks (62 FR 19885, April 23, 1997).
comment period on this action. Any facilities are likely discharging UOG This final rule does not contain any
parties interested in commenting must wastewater to POTWs, EPA is extending information collections subject to OMB
do so at this time. For further the compliance date for these facilities. approval under the Paperwork
information about commenting on this EPA notes that specifying a compliance Reduction Act (PRA), 44 U.S.C. 3501 et
direct final rule, see the ADDRESSES date of three years from the effective seq., nor does it require any special
section of this document. date of the final pretreatment standards considerations under Executive Order
If EPA receives adverse comment, we rule is consistent with EPA’s General 12898, entitled Federal Actions to
will publish a timely withdrawal in the Pretreatment Regulations, which require Address Environmental Justice in
Federal Register informing the public existing sources to meet categorical Minority Populations and Low-Income
that this direct final rule will not take pretreatment standards within three Populations (59 FR 7629, February 16,
effect. We would address all public years of the effective date of such 1994). This action does not involve
comments in any subsequent final rule standards, unless a shorter compliance technical standards; thus, the
based on the proposed rule. time is specified therein. 40 CFR requirements of Section 12(d) of the
403.6(b). For purposes of this direct National Technology Transfer and
III. Supplementary Information final rule, compliance date and Advancement Act of 1995 (15 U.S.C.
A. Background implementation date are used 272 note) do not apply.
interchangeably.
EPA promulgated revisions to Effluent EPA will not consider any comment Congressional Review Act
Guidelines and Standards for the Oil submitted on the direct final rule
and Gas Extraction Point Source This action is subject to the CRA, and
published today on any topic other than the EPA will submit a rule report to
Category which established the appropriateness of an extension of
pretreatment standards for onshore each House of the Congress and to the
the compliance date; any other Comptroller General of the United
unconventional oil and gas extraction comments will be considered to be
facilities (81 FR 41845, June 28, 2016). States. This action is not a ‘‘major rule’’
outside the scope of this rulemaking. as defined by 5 U.S.C. 804(2).
In this final rule, EPA established
pretreatment standards prohibiting the IV. Statutory and Executive Order List of Subjects in 40 CFR Part 435
discharge of pollutants in UOG Reviews
extraction wastewater to POTWs, and Under Executive Order 12866 (58 FR Environmental protection,
established an effective date of August 51735, October 4, 1993) and Executive Pretreatment, Waste treatment and
29, 2016. In the preamble to the final Order 13563 (76 FR 3821, January 21, disposal, Water pollution control,
rule, EPA indicated that because UOG 2011), this action is not a ‘‘significant Unconventional oil and gas extraction.
facilities were currently meeting this regulatory action’’ and is therefore not Dated: September 22, 2016.
zero discharge requirement, the subject to OMB review. With respect to Gina McCarthy,
implementation deadline for these the Regulatory Flexibility Act (5 U.S.C. Administrator.
pretreatment standards would be the 601 et seq.), this action will not have a
same as the effective date of the final significant economic impact on a Therefore, 40 CFR part 435 is
rule. After promulgation of the final substantial number of small entities—as amended as follows:
rule, EPA received two letters indicating this direct final relieves regulatory
PART 435—OIL AND GAS
that there are likely facilities burden by extending the compliance
EXTRACTION POINT SOURCE
discharging UOG wastewater to POTWs; date for any business (including small
CATEGORY
this is new information to EPA. businesses) that were discharging UOG
wastewater to POTWs at the time of ■ 1. The authority citation for part 435
B. Description of EPA’s Action issuance of the pretreatment standard. continues to read as follows:
Based on this post-promulgation For the Sections 202 and 205 of the
information submitted to EPA Unfunded Mandates Reform Act of 1999 Authority: 33 U.S.C. 1251, 1311, 1314,
1316, 1317, 1318, 1342 and 1361.
suggesting that there are likely facilities (UMRA) (Pub. L. 104–4), this action
asabaliauskas on DSK3SPTVN1PROD with RULES

subject to the final pretreatment does not significantly or uniquely affect Subpart C—Onshore Subcategory
standards rule that are currently small governments. The action imposes
discharging UOG wastewater to POTWs, no incremental enforceable duty on any ■ 2. Add paragraph (a)(3) to § 435.33 to
EPA is extending the implementation state, local or tribal governments or the read as follows:
deadline for existing sources that were private sector. This action does not
lawfully discharging to POTWs on or create new binding legal requirements § 435.33 Pretreatment standards for
between April 7, 2015 and June 28, 2016 that substantially and directly affect existing sources (PSES).
to three years from the effective date of Tribes under Executive Order 13175 (65 (a) * * *

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Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Rules and Regulations 67193

(3) Compliance deadline for existing South Dearborn, Suite 2938, Chicago, IL our determination is based on
sources. Existing sources lawfully 60604; telephone 312–216–4720. scientifically sound data, assumptions,
discharging into publicly owned Persons who use a telecommunications and analyses. We invited these peer
treatment works on or between April 7, device for the deaf (TDD) may call the reviewers to comment on our listing
2015 and June 28, 2016 shall comply Federal Information Relay Service proposal. We also considered all
with the PSES by August 29, 2019. All (FIRS) at 800–877–8339. comments and information we received
other existing sources shall comply by SUPPLEMENTARY INFORMATION: during the comment period.
August 29, 2016. The SSA report underwent
Executive Summary independent peer review by 21
* * * * *
[FR Doc. 2016–23456 Filed 9–29–16; 8:45 am] Why we need to publish a rule. Under scientists with expertise in eastern
BILLING CODE 6560–50–P
the Act, a species may warrant massasauga rattlesnake biology, habitat
protection through listing if it is management, and stressors (factors
endangered or threatened throughout all negatively affecting the species) to the
or a significant portion of its range. species. The SSA report and other
DEPARTMENT OF THE INTERIOR Listing a species as an endangered materials relating to this determination
Fish and Wildlife Service species or threatened species can only can be found on the Midwest Region
be completed by issuing a rule. Web site at http://www.fws.gov/
50 CFR Part 17 Additionally, under the Act, critical midwest/Endangered/ and at http://
habitat shall be designated, to the www.regulations.gov under Docket No.
[Docket No. FWS–R3–ES–2015–0145; maximum extent prudent and FWS–R3–ES–2015–0145.
4500030113] determinable, for any species
Previous Federal Actions
determined to be an endangered species
RIN 1018–BA98 On September 30, 2015, the Service
or threatened species under the Act. We
have determined that designating published a proposed rule (80 FR
Endangered and Threatened Wildlife
critical habitat is not prudent for the 58688) to list the eastern massasauga
and Plants; Threatened Species Status
eastern massasauga rattlesnake due to rattlesnake as a threatened species
for the Eastern Massasauga
an increased risk of collection and under the Act (16 U.S.C. 1531 et seq.).
Rattlesnake
persecution. We accepted public comments on the
AGENCY: Fish and Wildlife Service, This rule makes final the listing of the proposed rule for 60 days, ending
Interior. eastern massasauga rattlesnake November 30, 2015. Please refer to the
ACTION: Final rule. (Sistrurus catenatus) as a threatened proposed rule (80 FR 58688; September
species. 30, 2015) for a detailed description of
SUMMARY: We, the U.S. Fish and The basis for our action. Under the previous Federal actions concerning this
Wildlife Service (Service), determine Act, we can determine that a species is species.
threatened species status under the an endangered or threatened species
based on any of five factors: (A) The Background
Endangered Species Act of 1973 (Act),
as amended, for the eastern massasauga present or threatened destruction, Please refer to the proposed listing
rattlesnake (Sistrurus catenatus), a modification, or curtailment of its rule (80 FR 58688; September 30, 2015)
rattlesnake species found in 10 States habitat or range; (B) overutilization for for a summary of species information.
and 1 Canadian Province. The rule adds commercial, recreational, scientific, or Summary of Biological Status and
this species to the Federal List of educational purposes; (C) disease or
Threats
Endangered and Threatened Wildlife. predation; (D) the inadequacy of
We have also determined that the existing regulatory mechanisms; or (E) The Act directs us to determine
designation of critical habitat for the other natural or manmade factors whether any species is an endangered
eastern massasauga rattlesnake is not affecting its continued existence. species or a threatened species because
prudent due to an increased risk of Although there are several factors that of any factors affecting its continued
collection and persecution. are affecting the eastern massasauga existence. We completed a
rattlesnake’s status, the loss of habitat comprehensive assessment of the
DATES: This rule is effective October 31,
was historically, and continues to be, biological status of the eastern
2016. massasauga rattlesnake, and prepared
the primary threat, either through
ADDRESSES: This final rule is available development or through changes in the SSA report, which provides a
on the Internet at http:// habitat structure due to vegetative thorough description of the species’
www.regulations.gov and http:// succession. overall viability. We generally defined
www.fws.gov/midwest/endangered/ Peer review and public comment. A viability as the ability of the species to
reptiles/eama/index.html. Comments Species Status Assessment (SSA) team maintain self-sustaining populations
and materials we received, as well as prepared an SSA report (Szymanski et over the long term. We used the
supporting documentation we used in al. 2016) for the eastern massasauga conservation biology principles of
preparing this rule, are available for rattlesnake. The SSA team was resiliency, representation, and
public inspection at http:// composed of Service biologists, in redundancy in our analysis. Briefly,
www.regulations.gov or by appointment, consultation with other species experts. resiliency is the ability of the species to
during normal business hours at: U.S. The SSA represents a compilation of the withstand environmental stochasticity
asabaliauskas on DSK3SPTVN1PROD with RULES

Fish and Wildlife Service, Chicago best available scientific and commercial (unpredictable fluctuations in
Ecological Services Field Office, 230 data concerning the biological status of environmental conditions (for example,
South Dearborn, Suite 2938, Chicago, IL the species, including the impacts of wet or dry, warm or cold years));
60604; telephone 312–216–4720. past, present, and future factors (both redundancy is the ability of the species
FOR FURTHER INFORMATION CONTACT: negative and beneficial) affecting the to withstand catastrophic events (for
Louise Clemency, Field Supervisor, U.S. eastern massasauga rattlesnake. We example, droughts, hurricanes); and
Fish and Wildlife Service, Chicago sought comments on the SSA from representation is the ability of the
Ecological Services Field Office, 230 independent specialists to ensure that species to adapt over time to long-term

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Document Created: 2018-02-09 13:33:40
Document Modified: 2018-02-09 13:33:40

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		This direct final rule is effective on November 29, 2016 without further notice, unless EPA receives adverse comment by October 31, 2016. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the direct final rule will not take effect.
Contact		For more information, see EPA's Web site: https://www.epa.gov/eg/unconventional-oil-and-gas-extraction- effluent-guidelines. For technical information, contact Karen Milam, Engineering and Analysis Division (4303T), Office of Water, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone: 202-566-1915; email: [email protected]
FR Citation		81 FR 67191
RIN Number		2040-AF68
CFR Associated		Environmental Protection; Pretreatment; Waste Treatment and Disposal; Water Pollution Control and Unconventional Oil and Gas Extraction