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)
Federal Register Volume 81, Issue 190 (September 30, 2016)
| Page Range | 67191-67193 | |
| FR Document | 2016-23456 |
[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] ----------------------------------------------------------------------- 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: [email protected]. 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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![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 |
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