[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Proposed Rules]
[Pages 67266-67267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23458]



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 

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].


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
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 

    Dated: September 22, 2016.
Gina McCarthy,
[FR Doc. 2016-23458 Filed 9-29-16; 8:45 am]