Decision on Supplemental Information on the Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category

The Environmental Protection Agency (EPA) is providing notice of its decision to not revise the final rule establishing pretreatment standards for discharges of pollutants into publicly owned treatment works (POTWs) from onshore unconventional oil and gas (UOG) extraction facilities. In 2016, the EPA promulgated the final rule, Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category (the unconventional oil and gas or UOG rule), based on record information indicating that all facilities subject to the rule were meeting the zero discharge of pollutants requirement in the rule. After promulgation, the EPA received information indicating that certain facilities subject to the final rule were not meeting the rule's zero discharge of pollutants requirement. This notice provides new data and information, the EPA's analyses of that data and announces the Agency's decision to not revise the final UOG rule in response to the remand in Pennsylvania Grade Crude Oil Coalition v. EPA, No. 16- 4064 (3rd Cir., August 31, 2017), requiring the EPA to consider further information and take any appropriate action with regard to the final rule.