81_FR_88361 81 FR 88126 - Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category-Implementation Date Extension

81 FR 88126 - 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 235 (December 7, 2016)

Page Range88126-88127
FR Document2016-29338

The Environmental Protection Agency (EPA) is taking 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.

Federal Register, Volume 81 Issue 235 (Wednesday, December 7, 2016)
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88126-88127]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29338]



[[Page 88126]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 435

[EPA-HQ-OW-2014-0598; FRL-9956-05-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: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking 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.

DATES: The final rule is effective December 7, 2016. In accordance with 
40 CFR part 23, this regulation shall be considered issued for purposes 
of judicial review at 1 p.m. Eastern time on December 21, 2016. Under 
section 509(b)(1) of the CWA, judicial review of this regulation can be 
had only by filing a petition for review in the U.S. Court of Appeals 
within 120 days after the regulation is considered issued for purposes 
of judicial review. Under section 509(b)(2), the requirements in this 
regulation may not be challenged later in civil or criminal proceedings 
brought by EPA to enforce these requirements.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OW-2014-0598. All documents in the docket are 
listed on the https://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. This 
material can be viewed at the Water Docket in the EPA Docket Center, 
EPA/DC, EPA West William Jefferson Clinton Bldg,. Room 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading room is 202-566-
1744, and the telephone number for the Water Docket is 202-566-2426. 
Publicly available docket materials are available electronically 
through http://www.regulations.gov. A detailed record index, organized 
by subject, is available on EPA's Web site at https://www.epa.gov/eg/unconventional-oil-and-gas-extraction-effluent-guidelines.

FOR FURTHER INFORMATION CONTACT: For more information, see the 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 Extraction..........            211111
Industry................................  Natural Gas Liquid Extraction.......................            211112
----------------------------------------------------------------------------------------------------------------

II. Supplementary Information

A. Background

    The EPA promulgated revisions to the Effluent Guidelines and 
Standards for the Oil and Gas Extraction Point Source Category which 
established pretreatment standards for onshore UOG extraction 
facilities (81 FR 41845, June 28, 2016). This final pretreatment 
standards rule prohibited 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 pretreatment standards rule, the 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, the EPA received two 
letters indicating that there are likely facilities discharging UOG 
wastewater to POTWs; this was new information to the EPA.
    In light of this post-promulgation information, on September 30, 
2016 (81 FR 67266, September 30, 2016), the EPA published a proposed 
rule to extend the compliance date to August 29, 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 UOG 
pretreatment standards rule (80 FR 18557, April 17, 2015) and the date 
of the Federal Register action of the final UOG pretreatment standards 
rule (81 FR 41845, June 28, 2016). For purposes of this final rule, 
compliance date and implementation date are used interchangeably.

B. Description of EPA's Action

    Based on the post-promulgation information submitted to the EPA 
suggesting that there are likely facilities subject to the final UOG 
pretreatment standards rule that are currently discharging UOG 
wastewater to POTWs, the EPA is extending the compliance date 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 29, 2019. This final rule does not change the 
compliance date for all other facilities subject to the final onshore 
UOG extraction pretreatment standards rule.

C. Response to Comments

    Comments received in response to the proposed rulemaking supported 
the extension of the compliance date for these facilities. The EPA did 
not receive any comments that opposed or otherwise questioned the 
appropriateness of the extension of the compliance date. The EPA did, 
however, receive comments regarding the applicability of the underlying 
pretreatment standards rule. Specifically, these comments disagreed 
with the definition of ``unconventional'' in the final UOG rule, 
arguing that the definition was ``overly broad'' or ``arbitrary,'' and 
suggested alternative definitions of ``unconventional'' that

[[Page 88127]]

may exclude certain operators in Pennsylvania that have been sending 
their wastewater to POTWs. These comments are outside the scope of the 
proposed rule, which was specifically limited to the extension of the 
compliance date. See 81 FR 67267; September, 30, 2016 (``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 outside the 
scope of this rulemaking.''). As clarified in the preamble to the 
proposed rulemaking, the rule simply extends the implementation 
deadline for certain facilities subject to the underlying final UOG 
pretreatment standard rule and does not otherwise amend the final 
pretreatment standards rule in any way. See 81 FR 67266, 67267; 
September 30, 2016 (incorporating rationale set forth in direct final 
rule at 81 FR 67191, 67192; September 30, 2016). Therefore, the EPA 
maintains that comments regarding the applicability of the underlying 
pretreatment standards rule are outside the scope of the proposed rule. 
Any such challenges were required to be raised with respect to the 
underlying pretreatment standards rule, and not with this final rule, 
which is limited to the extension of the compliance date.
    The EPA's extension of the compliance date by three years is 
reasonable, as acknowledged by industry commenters on the direct final 
rule. See, e.g., Comments from Pennsylvania Independent Oil and Gas 
Association (finding the three year extension to be ``a reasonable, 
measured and appropriate accommodation.''). As noted in the proposed 
rule, this is consistent with the 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). Although commenters expressed generalized concerns about 
adverse impacts on facilities that have been sending UOG wastewater to 
POTWs, these generalized concerns are not sufficient to undermine the 
reasonableness of a three year timeframe for these facilities to meet 
the pretreatment standard--particularly when the rulemaking record for 
the EPA's final UOG pretreatment standard rule demonstrates that other 
similarly-situated operators are currently meeting the zero discharge 
pretreatment standard today. EPA did not receive any comments or data 
attempting to explain why the facilities subject to this final rule 
would need longer than three years in order to meet the requirements 
that are currently being met by the vast majority of the industry.

III. 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 
businesses (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, Unconventional oil and gas 
extraction, Waste treatment and disposal, Water pollution control.

    Dated: November 28, 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. Amend Sec.  435.33 by adding paragraph (a)(3) to read as follows:


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

    (a) * * *
    (3) Compliance deadline for existing sources. Existing sources 
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. 2016-29338 Filed 12-6-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  88126              Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations

                                                  ENVIRONMENTAL PROTECTION                                                judicial review at 1 p.m. Eastern time on                          Reading Room is open from 8:30 a.m. to
                                                  AGENCY                                                                  December 21, 2016. Under section                                   4:30 p.m., Monday through Friday,
                                                                                                                          509(b)(1) of the CWA, judicial review of                           excluding legal holidays. The telephone
                                                  40 CFR Part 435                                                         this regulation can be had only by filing                          number for the Public Reading room is
                                                                                                                          a petition for review in the U.S. Court                            202–566–1744, and the telephone
                                                  [EPA–HQ–OW–2014–0598; FRL–9956–05–
                                                  OW]                                                                     of Appeals within 120 days after the                               number for the Water Docket is 202–
                                                                                                                          regulation is considered issued for                                566–2426. Publicly available docket
                                                  RIN 2040–AF68                                                           purposes of judicial review. Under                                 materials are available electronically
                                                                                                                          section 509(b)(2), the requirements in                             through http://www.regulations.gov. A
                                                  Effluent Limitations Guidelines and                                     this regulation may not be challenged                              detailed record index, organized by
                                                  Standards for the Oil and Gas                                           later in civil or criminal proceedings                             subject, is available on EPA’s Web site
                                                  Extraction Point Source Category—                                       brought by EPA to enforce these                                    at https://www.epa.gov/eg/
                                                  Implementation Date Extension                                           requirements.                                                      unconventional-oil-and-gas-extraction-
                                                  AGENCY:  Environmental Protection                                       ADDRESSES:    The EPA has established a                            effluent-guidelines.
                                                  Agency (EPA).                                                           docket for this action under Docket ID                             FOR FURTHER INFORMATION CONTACT: For
                                                  ACTION: Final rule.                                                     No. EPA–HQ–OW–2014–0598. All                                       more information, see the EPA’s Web
                                                                                                                          documents in the docket are listed on                              site: https://www.epa.gov/eg/
                                                  SUMMARY:   The Environmental Protection                                 the https://www.regulations.gov Web                                unconventional-oil-and-gas-extraction-
                                                  Agency (EPA) is taking final action to                                  site. Although listed in the index, some                           effluent-guidelines. For technical
                                                  extend the implementation deadline for                                  information is not publicly available,                             information, contact Karen Milam,
                                                  certain facilities subject to the final rule                            e.g., CBI or other information whose                               Engineering and Analysis Division
                                                  establishing pretreatment standards                                     disclosure is restricted by statute.                               (4303T), Office of Water, Environmental
                                                  under the Clean Water Act (CWA) for                                     Certain other material, such as                                    Protection Agency, 1200 Pennsylvania
                                                  discharges of pollutants into publicly                                  copyrighted material, is not placed on                             Ave. NW., Washington, DC 20460–0001;
                                                  owned treatment works (POTWs) from                                      the Internet and will be publicly                                  telephone: 202–566–1915; email:
                                                  onshore unconventional oil and gas                                      available only in hard copy form. This                             milam.karen@epa.gov.
                                                  (UOG) extraction facilities.                                            material can be viewed at the Water                                SUPPLEMENTARY INFORMATION:
                                                  DATES: The final rule is effective                                      Docket in the EPA Docket Center, EPA/
                                                  December 7, 2016. In accordance with                                    DC, EPA West William Jefferson Clinton                             I. Does this action apply to me?
                                                  40 CFR part 23, this regulation shall be                                Bldg,. Room 3334, 1301 Constitution                                   Entities potentially regulated by this
                                                  considered issued for purposes of                                       Ave. NW., Washington, DC. The Public                               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. Supplementary Information                                             In light of this post-promulgation                               lawfully discharging to POTWs on or
                                                                                                                          information, on September 30, 2016 (81                             between April 7, 2015 and June 28,
                                                  A. Background
                                                                                                                          FR 67266, September 30, 2016), the EPA                             2016, to three years from the effective
                                                     The EPA promulgated revisions to the                                 published a proposed rule to extend the                            date of the rule—to August 29, 2019.
                                                  Effluent Guidelines and Standards for                                   compliance date to August 29, 2019, for                            This final rule does not change the
                                                  the Oil and Gas Extraction Point Source                                 existing sources that were lawfully                                compliance date for all other facilities
                                                  Category which established                                              discharging UOG wastewater to POTWs                                subject to the final onshore UOG
                                                  pretreatment standards for onshore UOG                                  on or between the date of the Federal                              extraction pretreatment standards rule.
                                                  extraction facilities (81 FR 41845, June                                Register Notice of the proposed UOG
                                                  28, 2016). This final pretreatment                                                                                                         C. Response to Comments
                                                                                                                          pretreatment standards rule (80 FR
                                                  standards rule prohibited the discharge                                 18557, April 17, 2015) and the date of                                Comments received in response to the
                                                  of pollutants in UOG extraction                                         the Federal Register action of the final                           proposed rulemaking supported the
                                                  wastewater to POTWs, and established                                    UOG pretreatment standards rule (81 FR                             extension of the compliance date for
                                                  an effective date of August 29, 2016. In                                41845, June 28, 2016). For purposes of                             these facilities. The EPA did not receive
                                                  the preamble to the final pretreatment                                  this final rule, compliance date and                               any comments that opposed or
                                                  standards rule, the EPA indicated that                                  implementation date are used                                       otherwise questioned the
                                                  because UOG facilities were currently                                   interchangeably.                                                   appropriateness of the extension of the
                                                  meeting this zero discharge                                                                                                                compliance date. The EPA did,
                                                  requirement, the implementation                                         B. Description of EPA’s Action                                     however, receive comments regarding
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  deadline for these pretreatment                                           Based on the post-promulgation                                   the applicability of the underlying
                                                  standards would be the same as the                                      information submitted to the EPA                                   pretreatment standards rule.
                                                  effective date of the final rule. After                                 suggesting that there are likely facilities                        Specifically, these comments disagreed
                                                  promulgation of the final rule, the EPA                                 subject to the final UOG pretreatment                              with the definition of ‘‘unconventional’’
                                                  received two letters indicating that there                              standards rule that are currently                                  in the final UOG rule, arguing that the
                                                  are likely facilities discharging UOG                                   discharging UOG wastewater to POTWs,                               definition was ‘‘overly broad’’ or
                                                  wastewater to POTWs; this was new                                       the EPA is extending the compliance                                ‘‘arbitrary,’’ and suggested alternative
                                                  information to the EPA.                                                 date for existing sources that were                                definitions of ‘‘unconventional’’ that


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                                                                   Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations                                             88127

                                                  may exclude certain operators in                         why the facilities subject to this final              Congressional Review Act
                                                  Pennsylvania that have been sending                      rule would need longer than three years                 This action is subject to the CRA, and
                                                  their wastewater to POTWs. These                         in order to meet the requirements that                the EPA will submit a rule report to
                                                  comments are outside the scope of the                    are currently being met by the vast                   each House of the Congress and to the
                                                  proposed rule, which was specifically                    majority of the industry.                             Comptroller General of the United
                                                  limited to the extension of the                                                                                States. This action is not a ‘‘major rule’’
                                                  compliance date. See 81 FR 67267;                        III. Statutory and Executive Order
                                                                                                           Reviews                                               as defined by 5 U.S.C. 804(2).
                                                  September, 30, 2016 (‘‘EPA will not
                                                  consider any comment submitted on the                                                                          List of Subjects in 40 CFR Part 435
                                                                                                              Under Executive Order 12866 (58 FR
                                                  proposed rule published today on any                                                                             Environmental protection,
                                                                                                           51735, October 4, 1993) and Executive
                                                  topic other than the appropriateness of                                                                        Pretreatment, Unconventional oil and
                                                                                                           Order 13563 (76 FR 3821, January 21,
                                                  an extension of the compliance date;                                                                           gas extraction, Waste treatment and
                                                  any other comments will be considered                    2011), this action is not a ‘‘significant
                                                                                                           regulatory action’’ and is therefore not              disposal, Water pollution control.
                                                  outside the scope of this rulemaking.’’).
                                                                                                           subject to OMB review. With respect to                  Dated: November 28, 2016.
                                                  As clarified in the preamble to the
                                                  proposed rulemaking, the rule simply                     the Regulatory Flexibility Act (5 U.S.C.              Gina McCarthy,
                                                  extends the implementation deadline                      601 et seq.), this action will not have a             Administrator.
                                                  for certain facilities subject to the                    significant economic impact on a                        Therefore, 40 CFR part 435 is
                                                  underlying final UOG pretreatment                        substantial number of small entities—as               amended as follows:
                                                  standard rule and does not otherwise                     this direct final relieves regulatory
                                                  amend the final pretreatment standards                   burden by extending the compliance                    PART 435—OIL AND GAS
                                                  rule in any way. See 81 FR 67266,                        date for any businesses (including small              EXTRACTION POINT SOURCE
                                                  67267; September 30, 2016                                businesses) that were discharging UOG                 CATEGORY
                                                  (incorporating rationale set forth in                    wastewater to POTWs at the time of
                                                  direct final rule at 81 FR 67191, 67192;                 issuance of the pretreatment standard.                ■ 1. The authority citation for part 435
                                                  September 30, 2016). Therefore, the EPA                  For the Sections 202 and 205 of the                   continues to read as follows:
                                                  maintains that comments regarding the                    Unfunded Mandates Reform Act of 1999                    Authority: 33 U.S.C. 1251, 1311, 1314,
                                                  applicability of the underlying                          (UMRA) (Pub. L. 104–4), this action                   1316, 1317, 1318, 1342 and 1361.
                                                  pretreatment standards rule are outside                  does not significantly or uniquely affect
                                                  the scope of the proposed rule. Any                                                                            Subpart C—Onshore Subcategory
                                                                                                           small governments. The action imposes
                                                  such challenges were required to be                      no incremental enforceable duty on any                ■ 2. Amend § 435.33 by adding
                                                  raised with respect to the underlying                    state, local or tribal governments or the             paragraph (a)(3) to read as follows:
                                                  pretreatment standards rule, and not                     private sector. This action does not
                                                  with this final rule, which is limited to                create new binding legal requirements                 § 435.33 Pretreatment standards for
                                                  the extension of the compliance date.                    that substantially and directly affect                existing sources (PSES).
                                                     The EPA’s extension of the                            Tribes under Executive Order 13175 (65                  (a) * * *
                                                  compliance date by three years is                        FR 67249, November 9, 2000). This                       (3) Compliance deadline for existing
                                                  reasonable, as acknowledged by                           action does not have significant                      sources. Existing sources discharging
                                                  industry commenters on the direct final                  Federalism implications under                         into publicly owned treatment works on
                                                  rule. See, e.g., Comments from                           Executive Order 13132 (64 FR 43255,                   or between April 7, 2015 and June 28,
                                                  Pennsylvania Independent Oil and Gas                     August 10, 1999). Because this final rule             2016, shall comply with the PSES by
                                                  Association (finding the three year                                                                            August 29, 2019. All other existing
                                                                                                           has been exempted from review under
                                                  extension to be ‘‘a reasonable, measured                                                                       sources shall comply by August 29,
                                                                                                           Executive Order 12866, this final rule is
                                                  and appropriate accommodation.’’). As                                                                          2016.
                                                                                                           not subject to Executive Order 13211,
                                                  noted in the proposed rule, this is                      entitled Actions Concerning Regulations               *     *    *     *    *
                                                  consistent with the EPA’s General                        That Significantly Affect Energy Supply,
                                                                                                                                                                 [FR Doc. 2016–29338 Filed 12–6–16; 8:45 am]
                                                  Pretreatment regulations, which require                  Distribution, or Use (66 FR 28355, May                BILLING CODE 6560–50–P
                                                  existing sources to meet categorical                     22, 2001) or Executive Order 13045,
                                                  pretreatment standards within three
                                                                                                           entitled Protection of Children from
                                                  years of the effective date of such                                                                            DEPARTMENT OF TRANSPORTATION
                                                                                                           Environmental Health Risks and Safety
                                                  standards, unless a shorter compliance
                                                                                                           Risks (62 FR 19885, April 23, 1997).                  Federal Railroad Administration
                                                  time is specified therein. 40 CFR
                                                  403.6(b). Although commenters                            This final rule does not contain any
                                                  expressed generalized concerns about                     information collections subject to OMB                49 CFR Part 207
                                                  adverse impacts on facilities that have                  approval under the Paperwork
                                                                                                           Reduction Act (PRA), 44 U.S.C. 3501 et                [Docket No. FRA–2016–0107, Notice No. 1]
                                                  been sending UOG wastewater to
                                                  POTWs, these generalized concerns are                    seq., nor does it require any special                 RIN 2130–AC62
                                                  not sufficient to undermine the                          considerations under Executive Order
                                                  reasonableness of a three year timeframe                 12898, entitled Federal Actions to                    Railroad Police Officers
                                                  for these facilities to meet the                         Address Environmental Justice in                      AGENCY:  Federal Railroad
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  pretreatment standard—particularly                       Minority Populations and Low-Income                   Administration (FRA), Department of
                                                  when the rulemaking record for the                       Populations (59 FR 7629, February 16,                 Transportation (DOT).
                                                  EPA’s final UOG pretreatment standard                    1994). This action does not involve                   ACTION: Final rule.
                                                  rule demonstrates that other similarly-                  technical standards; thus, the
                                                  situated operators are currently meeting                 requirements of Section 12(d) of the                  SUMMARY:  This rule amends FRA’s
                                                  the zero discharge pretreatment                          National Technology Transfer and                      regulations on railroad police officers to
                                                  standard today. EPA did not receive any                  Advancement Act of 1995 (15 U.S.C.                    implement certain provisions of the
                                                  comments or data attempting to explain                   272 note) do not apply.                               Fixing America’s Surface Transportation


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Document Created: 2016-12-07 05:31:54
Document Modified: 2016-12-07 05:31:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe final rule is effective December 7, 2016. In accordance with 40 CFR part 23, this regulation shall be considered issued for purposes of judicial review at 1 p.m. Eastern time on December 21, 2016. Under section 509(b)(1) of the CWA, judicial review of this regulation can be had only by filing a petition for review in the U.S. Court of Appeals within 120 days after the regulation is considered issued for purposes of judicial review. Under section 509(b)(2), the requirements in this regulation may not be challenged later in civil or criminal proceedings brought by EPA to enforce these requirements.
ContactFor more information, see the 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 88126 
RIN Number2040-AF68
CFR AssociatedEnvironmental Protection; Pretreatment; Unconventional Oil and Gas Extraction; Waste Treatment and Disposal and Water Pollution Control

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