Regarding Rule 317B.f.(1).A: Is an existing Oil and Gas Location or DCPS Operation subject to this provision required to collect surface water data by June 1, 2009?
May 26, 2009: No. Operators subject to this provision must collect water samples either within 6 six months of the date Rule 317B becomes applicable to the location/DCPS operation or when sufficient water exists in the stream, whichever occurs later. Specifically, operators must collect the water samples no later than January 1, 2010 on Federal lands or October 1, 2009 on all other lands, or if later, when sufficient water exists in the stream to do so. The June 1, 2009 language in the rule is a remnant of the rulemaking process and was developed when it appeared that Rule 317B would take effect January 1, 2009.
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