81 FR 85445 - 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 228 (November 28, 2016)

Page Range		85445-85445
FR Document		2016-28566

Because the Environmental Protection Agency (EPA) received comments that could be construed as adverse, the EPA is withdrawing the direct final rule issued on September 30, 2016, to extend the implementation date for certain facilities subject to the EPA's final rule establishing pretreatment standards under the Clean Water Act (CWA) for discharges of pollutants into publicly-owned treatment works (POTWs) from unconventional oil and gas extraction.

Federal Register, Volume 81 Issue 228 (Monday, November 28, 2016)

[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Rules and Regulations]
[Page 85445]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28566]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 435

[EPA-HQ-OW-2014-0598; FRL-9955-65-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: Withdrawal of direct final rule.

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

SUMMARY: Because the Environmental Protection Agency (EPA) received 
comments that could be construed as adverse, the EPA is withdrawing the 
direct final rule issued on September 30, 2016, to extend the 
implementation date for certain facilities subject to the EPA's final 
rule establishing pretreatment standards under the Clean Water Act 
(CWA) for discharges of pollutants into publicly-owned treatment works 
(POTWs) from unconventional oil and gas extraction.

DATES: Effective November 28, 2016, the EPA withdraws the direct final 
rule published September 30, 2016 (81 FR 67191).

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: 
    On September 30, 2016, the EPA published a direct final rule that 
extended the implementation date for certain facilities to meet the 
requirements of the final pretreatment standards rule for 
unconventional oil and gas extraction. (81 FR 67191; September 30, 
2016). In that direct final rule, the EPA stated that if we received 
adverse comments by October 31, 2016, the EPA would publish a timely 
withdrawal and address the comments in a final rule based on the 
proposed rule also published on September 30, 2016. (81 FR 67266; 
September 30, 2016).
    The direct final rule specifically indicated that ``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.'' (81 FR 67192; September 30, 2016). 
Commenters supported the compliance date being extended; the EPA did 
not receive any comments opposing the extension of the compliance date, 
and thus maintains that there were no adverse comments on the direct 
final rule. As indicated in the direct final rule, the EPA considers 
any comments on topics other than the extension of the compliance 
date--including comments submitted on the applicability of the 
underlying final pretreatment standards rule--to be outside the scope 
of this rulemaking. However, to the extent that any of the comments 
could be broadly interpreted as seeking an alternative compliance 
period, and thus arguably within scope, the EPA, in its discretion, is 
withdrawing the direct final rule and instead will issue a final action 
to address the compliance date, which will be based on the parallel 
proposed rule also published on September 30, 2016. (81 FR 67266; 
September 30, 2016). For purposes of this withdrawal, compliance date 
and implementation date are used interchangeably. As stated in the 
parallel proposal, we will not
    institute a second comment period on this proposed action.
    Withdrawal of this direct final rule removes the extension of the 
compliance date for the subset of facilities identified in the direct 
final rule. It does not withdraw, or otherwise impact, the underlying 
final pretreatment standards rule for unconventional oil and gas 
extraction, which continues to apply to all facilities that meet the 
definition of ``unconventional'' in that rule.

List of Subjects in 40 CFR Part 435

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

    Dated: November 17, 2016.
Michael H. Shapiro,
Deputy Assistant Administrator.

    Accordingly, the direct final rule, published in the Federal 
Register on September 30, 2016, at 81 FR 67191, is withdrawn as of 
November 28, 2016.

[FR Doc. 2016-28566 Filed 11-25-16; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Rules and Regulations 85445

§ 372.65 Chemicals and chemical (c) * * *
categories to which this part applies.
* * * * *

Category name Effective date

* * * * * * *
Hexabromocyclododecane (This category includes only those chemicals covered by the CAS numbers listed here) 1/1/17
3194–55–6 1,2,5,6,9,10-Hexabromocyclododecane ........................
25637–99–4 Hexabromocyclododecane ........................

* * * * * * *

[FR Doc. 2016–28102 Filed 11–25–16; 8:45 am] extended the implementation date for Withdrawal of this direct final rule
BILLING CODE 6560–50–P certain facilities to meet the removes the extension of the
requirements of the final pretreatment compliance date for the subset of
standards rule for unconventional oil facilities identified in the direct final
ENVIRONMENTAL PROTECTION and gas extraction. (81 FR 67191; rule. It does not withdraw, or otherwise
AGENCY September 30, 2016). In that direct final impact, the underlying final
rule, the EPA stated that if we received pretreatment standards rule for
40 CFR Part 435 adverse comments by October 31, 2016, unconventional oil and gas extraction,
[EPA–HQ–OW–2014–0598; FRL–9955–65– the EPA would publish a timely which continues to apply to all facilities
OW] withdrawal and address the comments that meet the definition of
in a final rule based on the proposed ‘‘unconventional’’ in that rule.
RIN 2040–AF68 rule also published on September 30, List of Subjects in 40 CFR Part 435
Effluent Limitations Guidelines and 2016. (81 FR 67266; September 30,
2016). Environmental protection,
Standards for the Oil and Gas Pretreatment, Waste treatment and
Extraction Point Source Category— The direct final rule specifically disposal, Water pollution control,
Implementation Date Extension indicated that ‘‘EPA will not consider Unconventional oil and gas extraction.
any comment submitted on the direct
AGENCY: Environmental Protection final rule published today on any topic Dated: November 17, 2016.
Agency (EPA). other than the appropriateness of an Michael H. Shapiro,
ACTION: Withdrawal of direct final rule. extension of the compliance date; any Deputy Assistant Administrator.
other comments will be considered to be Accordingly, the direct final rule,
SUMMARY: Because the Environmental outside the scope of this rulemaking.’’
Protection Agency (EPA) received published in the Federal Register on
(81 FR 67192; September 30, 2016). September 30, 2016, at 81 FR 67191, is
comments that could be construed as
Commenters supported the compliance withdrawn as of November 28, 2016.
adverse, the EPA is withdrawing the
date being extended; the EPA did not [FR Doc. 2016–28566 Filed 11–25–16; 8:45 am]
direct final rule issued on September 30,
receive any comments opposing the
2016, to extend the implementation date BILLING CODE 6560–50–P
extension of the compliance date, and
for certain facilities subject to the EPA’s
thus maintains that there were no
final rule establishing pretreatment
adverse comments on the direct final
standards under the Clean Water Act DEPARTMENT OF COMMERCE
rule. As indicated in the direct final
(CWA) for discharges of pollutants into
rule, the EPA considers any comments National Oceanic and Atmospheric
publicly-owned treatment works
on topics other than the extension of the Administration
(POTWs) from unconventional oil and
compliance date—including comments
gas extraction.
submitted on the applicability of the 50 CFR Part 622
DATES: Effective November 28, 2016, the underlying final pretreatment standards
EPA withdraws the direct final rule rule—to be outside the scope of this [Docket No. 140819686–5999–02]
published September 30, 2016 (81 FR rulemaking. However, to the extent that RIN 0648–XF045
67191). any of the comments could be broadly
FOR FURTHER INFORMATION CONTACT: For interpreted as seeking an alternative Snapper-Grouper Fishery of the South
more information, see EPA’s Web site: compliance period, and thus arguably Atlantic; 2016 Recreational
https://www.epa.gov/eg/ within scope, the EPA, in its discretion, Accountability Measure and Closure
unconventional-oil-and-gas-extraction- is withdrawing the direct final rule and for South Atlantic Greater Amberjack
effluent-guidelines. For technical instead will issue a final action to
AGENCY: National Marine Fisheries
information, contact Karen Milam, address the compliance date, which will
Service (NMFS), National Oceanic and
Engineering and Analysis Division be based on the parallel proposed rule
Atmospheric Administration (NOAA),
(4303T), Office of Water, Environmental also published on September 30, 2016.
Commerce.
mstockstill on DSK3G9T082PROD with RULES

Protection Agency, 1200 Pennsylvania (81 FR 67266; September 30, 2016). For
purposes of this withdrawal, ACTION: Temporary rule; closure.
Ave. NW., Washington, DC 20460–0001;
telephone: 202–566–1915; email: compliance date and implementation SUMMARY: NMFS implements
milam.karen@epa.gov. date are used interchangeably. As stated accountability measures (AMs) for the
SUPPLEMENTARY INFORMATION: in the parallel proposal, we will not recreational sector of greater amberjack
On September 30, 2016, the EPA institute a second comment period on in the exclusive economic zone (EEZ) of
published a direct final rule that this proposed action. the South Atlantic for the current

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Document Created: 2018-02-14 08:35:56
Document Modified: 2018-02-14 08:35:56

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		Withdrawal of direct final rule.
Dates		Effective November 28, 2016, the EPA withdraws the direct final rule published September 30, 2016 (81 FR 67191).
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 85445
RIN Number		2040-AF68
CFR Associated		Environmental Protection; Pretreatment; Waste Treatment and Disposal; Water Pollution Control and Unconventional Oil and Gas Extraction