[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Rules and Regulations]
[Page 85445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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