[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as ofJuly 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR435.70]

[Page 347-348]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 435--OIL AND GAS EXTRACTION POINT SOURCE CATEGORY--Table of Contents
 
                      Subpart G--General Provisions
 
Sec. 435.70  Applicability.


    (a) Purpose. This subpart is intended to prevent oil and gas 
facilities, for which effluent limitations guidelines and standards, new 
source performance standards, or pretreatment standards have been 
promulgated under this part, from circumventing the effluent limitations 
guidelines and standards applicable to those facilities by moving 
effluent produced in one subcategory to another subcategory for disposal 
under less stringent requirements than intended by this part.
    (b) Applicability. The effluent limitations and standards applicable 
to an oil and gas facility shall be determined as follows:
    (1) An Oil and Gas facility, operator, or its agent or contractor 
may move its wastewaters from a facility located in one subcategory to 
another subcategory for treatment and return it to a location covered by 
the original subcategory for disposal. In such case, the effluent 
limitations guidelines, new source performance standards, or 
pretreatment standards for the original subcategory apply.
    (2) An Oil and Gas facility, operator, or its agent or contractor 
may move its wastewaters from a facility located in one subcategory to 
another subcategory for disposal or treatment and disposal, provided:
    (i) If an Oil and Gas facility, operator or its agent or contractor 
moves wastewaters from a wellhead located in one subcategory to another 
subcategory where oil and gas facilities are governed by less stringent 
effluent limitations guidelines, new source performance standards, or 
pretreatment standards, the more stringent effluent limitations 
guidelines, new source performance standards, or pretreatment standards 
applicable to the subcategory where the wellhead is located shall apply.
    (ii) If an Oil and Gas facility, operator or its agent moves 
effluent from a wellhead located in one subcategory to another 
subcategory where oil and gas facilities are governed by more stringent 
effluent limitations guidelines, new source performance standards, or 
pretreatment standards, the more

[[Page 348]]

stringent effluent limitations guidelines, new source performance 
standards, or pretreatment standards applicable at the point of 
discharge shall apply.

[61 FR 66129, Dec. 16, 1996]