81 FR 67266 - 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		67266-67267
FR Document		2016-23458

The Environmental Protection Agency (EPA) proposes 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. EPA proposes these revisions in response to new information received after promulgation of the rule 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)]
[Proposed Rules]
[Pages 67266-67267]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-23458]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 435

[EPA-HQ-OW-2016-0598; FRL-9953-25-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: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) proposes to extend
the implementation deadline for certain

[[Page 67267]]

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. EPA proposes these revisions
in response to new information received after promulgation of the rule
suggesting that there are likely facilities subject to the final rule
not presently meeting the zero discharge requirements in the final
rule.

DATES: Written comments must be received by October 31, 2016.

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 this proposed rule?

This document proposes to establish a compliance date for
pretreatment standards for existing onshore unconventional oil and gas
extraction facilities within the Oil and Gas Extraction Point Source
Category that differs from the date specified in the preamble to that
final rule (81 FR 41845, June 28, 2016). We have published a direct
final rule to extend the compliance date to August 29th, 2019 for
existing sources that were lawfully discharging UOG wastewater to POTWs
on or between the date of the Federal Register Notice of the proposed
rule (April 7, 2015) and the date of the Federal Register Notice of the
final rule (June 28, 2016) in the ``Rules and Regulations'' section of
this Federal Register because we view this as a noncontroversial action
and anticipate no adverse comment. For purposes of this proposed rule,
compliance date and implementation date are used interchangeably. We
have explained our reasons for this action in the preamble to the
direct final rule.
If no adverse comments are received, the direct final rule will go
into effect. If we receive adverse comment, we will withdraw the direct
final rule and it will not take effect. We would address all public
comments in any subsequent final rule based on this proposed rule. EPA
will not consider any comment submitted on the proposed 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.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

III. Where is the location of regulatory text for this proposal?

The regulatory text for this proposal is identical to that for the
direct final rule published in the Rules and Regulations section of the
Federal Register. For further supplemental information, the detailed
rationale for the proposal, and the regulatory revisions, see the
information provided in the direct final rule published in the Rules
and Regulations section of this Federal Register.

IV. Statutory and Executive Order Reviews

For a complete discussion of all of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.

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.
[FR Doc. 2016-23458 Filed 9-29-16; 8:45 am]
BILLING CODE 6560-50-P

67266 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules

CFR part 51, appendix S. Therefore, (D)(i)(II), and (J) for Wisconsin’s 1997 • Is not an economically significant
EPA proposes that Wisconsin has met PM2.5, 1997 ozone, 2006 PM2.5, 2008 regulatory action based on health or
all of the applicable PSD requirements lead, 2008 ozone, 2010 NO2, 2010 SO2, safety risks subject to Executive Order
for the 1997 PM2.5, 1997 ozone, 2006 and 2012 PM2.5 NAAQS submittals. 13045 (62 FR 19885, April 23, 1997);
PM2.5, 2008 lead, 2008 ozone, 2010 NO2, • Is not a significant regulatory action
IV. Incorporation by Reference
2010 SO2, and 2012 PM2.5 NAAQS for subject to Executive Order 13211 (66 FR
transport prong 3 related to section In this rule, EPA is proposing to 28355, May 22, 2001);
110(a)(2)(D)(i)(II). include in a final EPA rule regulatory • Is not subject to requirements of
text that includes incorporation by Section 12(d) of the National
3. Section 110(a)(2)(J)—Consultation reference. In accordance with Technology Transfer and Advancement
With Government Officials; Public requirements of 1 CFR 51.5, EPA is Act of 1995 (15 U.S.C. 272 note) because
Notifications; PSD; Visibility Protection proposing to incorporate by reference application of those requirements would
States must meet applicable the WDNR rules regarding revisions to be inconsistent with the Clean Air Act;
requirements of section 110(a)(2)(C) the PSD and NSR programs discussed in and
related to PSD. WDNR’s PSD program in section I of this preamble. EPA has • Does not provide EPA with the
the context of infrastructure SIPs has made, and will continue to make, these discretionary authority to address, as
already been discussed in the documents generally available through appropriate, disproportionate human
paragraphs addressing section www.regulations.gov, and/or at the health or environmental effects, using
110(a)(2)(C) and 110(a)(2)(D)(i)(II), and National Archives and Records practicable and legally permissible
EPA notes that the proposed actions for Administration (NARA), and/or at the methods, under Executive Order 12898
those sections are consistent with the EPA Region 5 Office (please contact the (59 FR 7629, February 16, 1994).
proposed actions for this portion of person identified in the FOR FURTHER In addition, the SIP is not approved
section 110(a)(2)(J). Therefore, EPA INFORMATION CONTACT section of this to apply on any Indian reservation land
proposes that Wisconsin has met all of preamble for more information). For or in any other area where EPA or an
the infrastructure SIP requirements for information on the availability of this Indian tribe has demonstrated that a
PSD associated with section 110(a)(2)(J) material at NARA, go to: tribe has jurisdiction. In those areas of
for the 1997 PM2.5, 1997 ozone, 2006 www.archives.gov/federal-register/cfr/ Indian country, the rule does not have
PM2.5, 2008 lead, 2008 ozone, 2010 NO2, ibr-locations.html. tribal implications and will not impose
2010 SO2, and 2012 PM2.5 NAAQS. VI. Statutory and Executive Order substantial direct costs on tribal
Reviews governments or preempt tribal law as
III. What action is EPA taking?
specified by Executive Order 13175 (65
EPA is proposing to approve revisions Under the CAA, the Administrator is FR 67249, November 9, 2000).
to Wisconsin’s SIP that implement the required to approve a SIP submission
PM2.5 increment requirements and also that complies with the provisions of the List of Subjects in 40 CFR Part 52
incorporates NOX as an ozone precursor. CAA and applicable Federal regulations. Environmental protection, Air
These revisions were made to meet 42 U.S.C. 7410(k); 40 CFR 52.02(a). pollution control, Incorporation by
EPA’s requirements for Wisconsin’s PSD Thus, in reviewing SIP submissions, reference, Intergovernmental relations,
and NSR program and are consistent EPA’s role is to approve state choices, Lead, Nitrogen dioxide, Ozone,
with Federal regulations. Specifically, provided that they meet the criteria of Particulate matter, Reporting and
EPA is proposing to approve the the CAA. Accordingly, this action recordkeeping requirements, Sulfur
following: merely approves state law as meeting oxides.
(i) NR 404.05(2)(intro) and (am) Federal requirements and does not
Dated: September 21, 2016.
(ii) NR 404.05(3)(intro) and (am) impose additional requirements beyond
those imposed by state law. For that Robert A. Kaplan,
(iii) NR 404.05(4)(intro) and (am) Acting Regional Administrator, Region 5.
(iv) NR 405.02(3) and (21)(a) reason, this action:
• Is not a significant regulatory action [FR Doc. 2016–23689 Filed 9–29–16; 8:45 am]
(v) NR 405.02(21m)(a) and (c)
subject to review by the Office of BILLING CODE 6560–50–P
(vi) NR 405.02(22)(b)
Management and Budget under
(vii) NR 405.02(22m)(a)1. and 3., and
Executive Orders 12866 (58 FR 51735,
(b)1. ENVIRONMENTAL PROTECTION
October 4, 1993) and 13563 (76 FR 3821,
(viii) NR 405.02(27)(a)6. AGENCY
January 21, 2011);
(ix) NR 405.07(8)(a)3m and 3m(Note) • Does not impose an information
(x) NR 405.07(8)(a)5.(Note) collection burden under the provisions 40 CFR Part 435
The revisions pertaining to PM2.5 of the Paperwork Reduction Act (44 [EPA–HQ–OW–2016–0598; FRL–9953–25–
increment will fully address the U.S.C. 3501 et seq.); OW]
requirements of the PM2.5 PSD • Is certified as not having a
Increments, SILs, and SMC Rule and the [RIN 2040–AF68]
significant economic impact on a
deficiencies identified in EPA’s August substantial number of small entities Effluent Limitations Guidelines and
11, 2014, Finding of Failure to Submit. under the Regulatory Flexibility Act (5 Standards for the Oil and Gas
The revisions pertaining to NOX as a U.S.C. 601 et seq.);
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

Extraction Point Source Category—
precursor to ozone will, in conjunction • Does not contain any unfunded Implementation Date Extension
with EPA’s October 6, 2015 approval, mandate or significantly or uniquely
address all of the PSD requirements of affect small governments, as described AGENCY: Environmental Protection
the ‘‘Final Rule to Implement the 8- in the Unfunded Mandates Reform Act Agency (EPA).
Hour Ozone National Ambient Air of 1995 (Public Law 104–4); ACTION: Proposed rule.
Quality Standard—Phase 2’’. • Does not have Federalism
EPA is also proposing to approve the implications as specified in Executive SUMMARY: The Environmental Protection
PSD related infrastructure requirements Order 13132 (64 FR 43255, August 10, Agency (EPA) proposes to extend the
found in CAA sections 110(a)(2)(C), 1999); implementation deadline for certain

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Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules 67267

facilities subject to the final rule edited or removed from Regulations.gov. making effective comments, please visit
establishing pretreatment standards EPA may publish any comment received https://www.epa.gov/dockets/
under the Clean Water Act (CWA) for to its public docket. Do not submit commenting-epa-dockets.
discharges of pollutants into publicly electronically any information you FOR FURTHER INFORMATION CONTACT: For
owned treatment works (POTWs) from consider to be Confidential Business more information, see EPA’s Web site:
onshore unconventional oil and gas Information (CBI) or other information https://www.epa.gov/eg/
(UOG) extraction facilities. EPA whose disclosure is restricted by statute. unconventional-oil-and-gas-extraction-
proposes these revisions in response to Multimedia submissions (audio, video, effluent-guidelines. For technical
new information received after etc.) must be accompanied by a written information, contact Karen Milam,
promulgation of the rule suggesting that comment. The written comment is
there are likely facilities subject to the Engineering and Analysis Division
considered the official comment and (4303T), Office of Water, Environmental
final rule not presently meeting the zero should include discussion of all points
discharge requirements in the final rule. Protection Agency, 1200 Pennsylvania
you wish to make. EPA will generally Ave. NW., Washington, DC 20460–0001;
DATES: Written comments must be not consider comments or comment telephone: 202–566–1915; email:
received by October 31, 2016. contents located outside of the primary milam.karen@epa.gov.
ADDRESSES: Submit your comments, submission (i.e. on the web, cloud, or
identified by Docket ID No. [EPA–HQ– other file sharing system). For SUPPLEMENTARY INFORMATION:
OW–2016–0598], at http:// additional submission methods, the full I. Does this action apply to me?
www.regulations.gov. Follow the online EPA public comment policy,
instructions for submitting comments. information about CBI or multimedia Entities potentially regulated by this
Once submitted, comments cannot be submissions, and general guidance on 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

II. Why is EPA issuing this proposed published today on any topic other than disposal, Water pollution control,
rule? the appropriateness of an extension of Unconventional oil and gas extraction.
the compliance date; any other Dated: September 22, 2016.
This document proposes to establish comments will be considered to be
a compliance date for pretreatment Gina McCarthy,
outside the scope of this rulemaking.
standards for existing onshore Administrator.
unconventional oil and gas extraction We do not intend to institute a second [FR Doc. 2016–23458 Filed 9–29–16; 8:45 am]
facilities within the Oil and Gas comment period on this action. Any BILLING CODE 6560–50–P
Extraction Point Source Category that parties interested in commenting must
differs from the date specified in the do so at this time. For further
preamble to that final rule (81 FR 41845, information, please see the information
provided in the ADDRESSES section of DEPARTMENT OF THE INTERIOR
June 28, 2016). We have published a
direct final rule to extend the this document.
Bureau of Safety and Environmental
compliance date to August 29th, 2019 III. Where is the location of regulatory Enforcement
for existing sources that were lawfully text for this proposal?
discharging UOG wastewater to POTWs 43 CFR Part 2
on or between the date of the Federal The regulatory text for this proposal is
Register Notice of the proposed rule identical to that for the direct final rule [Docket ID: BSEE–2016–0001; 167E1700D2
(April 7, 2015) and the date of the published in the Rules and Regulations EEAA010000 ET1EX0000.SZH000]
Federal Register Notice of the final rule section of the Federal Register. For
RIN 1014–AA29
(June 28, 2016) in the ‘‘Rules and further supplemental information, the
Regulations’’ section of this Federal detailed rationale for the proposal, and Privacy Act Regulations; Exemption
Register because we view this as a the regulatory revisions, see the for the Investigations Case
noncontroversial action and anticipate information provided in the direct final Management System
no adverse comment. For purposes of rule published in the Rules and
this proposed rule, compliance date and Regulations section of this Federal AGENCY: Bureau of Safety and
implementation date are used Register. Environmental Enforcement, Interior.
interchangeably. We have explained our IV. Statutory and Executive Order ACTION: Proposed rule.
reasons for this action in the preamble Reviews
to the direct final rule. SUMMARY: The Department of the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

If no adverse comments are received, For a complete discussion of all of the Interior is amending its regulations to
the direct final rule will go into effect. administrative requirements applicable exempt certain records in the
If we receive adverse comment, we will to this action, see the direct final rule in Investigations Case Management System
withdraw the direct final rule and it will the Rules and Regulations section of this from one or more provisions of the
not take effect. We would address all Federal Register. Privacy Act because of civil and
public comments in any subsequent administrative law enforcement
List of Subjects in 40 CFR Part 435 requirements.
final rule based on this proposed rule.
EPA will not consider any comment Environmental protection, DATES: Submit written comments on or
submitted on the proposed rule Pretreatment, Waste treatment and before November 29, 2016.

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Document Created: 2018-02-09 13:34:17
Document Modified: 2018-02-09 13:34:17

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		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received by October 31, 2016.
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 67266
CFR Associated		Environmental Protection; Pretreatment; Waste Treatment and Disposal; Water Pollution Control and Unconventional Oil and Gas Extraction