81_FR_67456 81 FR 67266 - Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category-Implementation Date Extension

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 Range67266-67267
FR Document2016-23458

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]


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

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: 
[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 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


                                                 VerDate Sep<11>2014   18:55 Sep 29, 2016   Jkt 238001   PO 00000   Frm 00050   Fmt 4702   Sfmt 4702   E:\FR\FM\30SEP1.SGM   30SEP1


                                                                                   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.


                                                 VerDate Sep<11>2014        18:55 Sep 29, 2016        Jkt 238001     PO 00000      Frm 00051      Fmt 4702     Sfmt 4702     E:\FR\FM\30SEP1.SGM          30SEP1



Document Created: 2018-02-09 13:34:17
Document Modified: 2018-02-09 13:34:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received by October 31, 2016.
ContactFor 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 Citation81 FR 67266 
CFR AssociatedEnvironmental Protection; Pretreatment; Waste Treatment and Disposal; Water Pollution Control and Unconventional Oil and Gas Extraction

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR