[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Pages 67191-67193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23456]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 435

[EPA-HQ-OW-2016-0598; FRL-9953-26-OW]
RIN 2040-AF68


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to extend the implementation deadline for certain 
facilities subject to the final rule establishing pretreatment 
standards under the Clean Water Act (CWA) for discharges of pollutants 
into publicly owned treatment works (POTWs) from onshore unconventional 
oil and gas (UOG) extraction facilities (81 FR 41845; June 28, 2016). 
EPA is making this revision in response to new information suggesting 
that there are likely facilities subject to the final rule not 
presently meeting the zero discharge requirements in the final rule.

DATES: This direct final rule is effective on November 29, 2016 without 
further notice, unless EPA receives adverse comment by October 31, 
2016. If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the direct 
final rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-HQ-
OW-2016-0598], at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For more information, see EPA's Web 
site: https://www.epa.gov/eg/unconventional-oil-and-gas-extraction-effluent-guidelines. For technical information, contact Karen Milam, 
Engineering and Analysis Division (4303T), Office of Water, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone: 202-566-1915; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    Entities potentially regulated by this final action include:

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                                                                                         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
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II. Why is EPA issuing a direct final rule?

    EPA is publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. This direct final rule merely extends the 
implementation deadline for existing onshore UOG extraction facilities 
that were discharging to POTWs on or between the date of the Federal 
Register Notice

[[Page 67192]]

of the proposed rule (April 7, 2015) and the date of the Federal 
Register Notice of the final rule (June 28, 2016) to the default three 
year period provided in the General Pretreatment Regulations. This 
direct final rule does not otherwise amend the final pretreatment 
standards rule in any way. In the ``Proposed Rules'' section of today's 
Federal Register, however, we are publishing a separate document that 
will serve as the proposed rule to extend the implementation date if we 
receive adverse comments on this direct final rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. For further 
information about commenting on this direct final rule, see the 
ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We would address all public 
comments in any subsequent final rule based on the proposed rule.

III. Supplementary Information

A. Background

    EPA promulgated revisions to Effluent Guidelines and Standards for 
the Oil and Gas Extraction Point Source Category which established 
pretreatment standards for onshore unconventional oil and gas 
extraction facilities (81 FR 41845, June 28, 2016). In this final rule, 
EPA established pretreatment standards prohibiting the discharge of 
pollutants in UOG extraction wastewater to POTWs, and established an 
effective date of August 29, 2016. In the preamble to the final rule, 
EPA indicated that because UOG facilities were currently meeting this 
zero discharge requirement, the implementation deadline for these 
pretreatment standards would be the same as the effective date of the 
final rule. After promulgation of the final rule, EPA received two 
letters indicating that there are likely facilities discharging UOG 
wastewater to POTWs; this is new information to EPA.

B. Description of EPA's Action

    Based on this post-promulgation information submitted to EPA 
suggesting that there are likely facilities subject to the final 
pretreatment standards rule that are currently discharging UOG 
wastewater to POTWs, EPA is extending the implementation deadline for 
existing sources that were lawfully discharging to POTWs on or between 
April 7, 2015 and June 28, 2016 to three years from the effective date 
of the rule--to August 29th, 2019. This direct final rule does not 
change the compliance date for all other facilities subject to the 
final onshore UOG extraction pretreatment standards rule. The final 
pretreatment standards did not specify a compliance date in the 
regulatory text; rather, EPA included a compliance date equal to the 
effective date of the rule in the preamble to the rule, based on the 
Agency's record indicating that no facilities were discharging UOG 
wastewater to POTWs. Because of post-promulgation information 
indicating that some facilities are likely discharging UOG wastewater 
to POTWs, EPA is extending the compliance date for these facilities. 
EPA notes that specifying a compliance date of three years from the 
effective date of the final pretreatment standards rule is consistent 
with EPA's General Pretreatment Regulations, which require existing 
sources to meet categorical pretreatment standards within three years 
of the effective date of such standards, unless a shorter compliance 
time is specified therein. 40 CFR 403.6(b). For purposes of this direct 
final rule, compliance date and implementation date are used 
interchangeably.
    EPA will not consider any comment submitted on the direct final 
rule published today on any topic other than the appropriateness of an 
extension of the compliance date; any other comments will be considered 
to be outside the scope of this rulemaking.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) and 
Executive Order 13563 (76 FR 3821, January 21, 2011), this action is 
not a ``significant regulatory action'' and is therefore not subject to 
OMB review. With respect to the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.), this action will not have a significant economic impact 
on a substantial number of small entities--as this direct final 
relieves regulatory burden by extending the compliance date for any 
business (including small businesses) that were discharging UOG 
wastewater to POTWs at the time of issuance of the pretreatment 
standard. For the Sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1999 (UMRA) (Pub. L. 104-4), this action does not significantly 
or uniquely affect small governments. The action imposes no incremental 
enforceable duty on any state, local or tribal governments or the 
private sector. This action does not create new binding legal 
requirements that substantially and directly affect Tribes under 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action does 
not have significant Federalism implications under Executive Order 
13132 (64 FR 43255, August 10, 1999). Because this final rule has been 
exempted from review under Executive Order 12866, this final rule is 
not subject to Executive Order 13211, entitled Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997). This final rule does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any 
special considerations under Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (59 FR 7629, February 16, 1994). This action 
does not involve technical standards; thus, the requirements of Section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply.

Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 435

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

    Dated: September 22, 2016.
Gina McCarthy,
Administrator.

    Therefore, 40 CFR part 435 is amended as follows:

PART 435--OIL AND GAS EXTRACTION POINT SOURCE CATEGORY

0
1. The authority citation for part 435 continues to read as follows:

    Authority:  33 U.S.C. 1251, 1311, 1314, 1316, 1317, 1318, 1342 
and 1361.

Subpart C--Onshore Subcategory

0
2. Add paragraph (a)(3) to Sec.  435.33 to read as follows:


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

    (a) * * *

[[Page 67193]]

    (3) Compliance deadline for existing sources. Existing sources 
lawfully discharging into publicly owned treatment works on or between 
April 7, 2015 and June 28, 2016 shall comply with the PSES by August 
29, 2019. All other existing sources shall comply by August 29, 2016.
* * * * *
[FR Doc. 2016-23456 Filed 9-29-16; 8:45 am]
 BILLING CODE 6560-50-P