View Rule

The proposed rulemaking would set new source performance standards (NSPS) under 40 CFR 435 Subpart E applicable to new discharges of oil and gas wastewater (called produced water) from onshore oil and gas facilities. The current rule at Subpart E allows for discharge of produced water west of the 98th meridian if it is of good enough quality and if it has a use in agriculture and wildlife propagation. This proposed rulemaking could increase opportunities for discharge of treated produced water by expanding the geographic area where such discharges can occur and by expanding the allowable uses for treated produced water (such as for critical minerals extraction and industrial cooling water). To support this proposed rulemaking, the EPA will open a docket in which the public can make recommendations, which will be used to aid in the development of the proposed rule.