Approval and Promulgation of Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa, and Arikara Nations), North Dakota, 48923-48924 [2012-19697]

Download as PDF Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 49 [EPA–R08–OAR–2012–0479; FRL–9715–6] Approval and Promulgation of Federal Implementation Plan for Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Reservation (Mandan, Hidatsa, and Arikara Nations), North Dakota Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing to promulgate a Reservation-specific Federal Implementation Plan in order to regulate emissions from oil and natural gas production facilities located on the Fort Berthold Indian Reservation located in North Dakota. The proposed Federal Implementation Plan includes basic air quality regulations for the protection of communities in and adjacent to the Fort Berthold Indian Reservation. The proposed Federal Implementation Plan requires owners and operators of oil and natural gas production facilities to reduce emissions of volatile organic compounds emanating from well completions, recompletions, and production and storage operations. This Federal Implementation Plan would be implemented by EPA, or a delegated Tribal Authority, until replaced by a Tribal Implementation Plan. EPA is issuing an interim final rule for a Reservation-specific Federal Implementation Plan, concurrently with this proposed rule, for a Reservationspecific Federal Implementation Plan and any additional information can be found within the interim final rule under the same title. DATES: Written comments must be received on or before October 15, 2012. Public Hearing: EPA will hold a public hearing on the following date: September 12, 2012. The hearing will start at 1 p.m. local time and continue until 4 p.m. or until everyone has had a chance to speak. Additionally, an evening session will be held from 6 p.m. until 8 p.m. The hearing will be held at the 4 Bears Casino & Lodge, 202 Frontage Rd, New Town, ND 58763, (701) 627–4018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R08– OAR–2012–0479, by one of the following methods: • https://www.regulations.gov. Follow the on-line instructions for submitting comments. srobinson on DSK4SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:26 Aug 14, 2012 Jkt 226001 • Email: r8airrulemakings@epa.gov • Fax: (303) 312–6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments). • Mail: Carl Daly, Director, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mailcode 8P– AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. • Hand Delivery: Carl Daly, Director, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays. Special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R08–OAR–2012– 0479. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or email. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA, without going through https:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 48923 information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly-available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the following locations: Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mailcode 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129; and Environmental Division, Three Affiliated Tribes, 204 West Main, New Town, North Dakota 58763–9404. EPA requests that if at all possible, you contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Deirdre Rothery, U. S. Environmental Protection Agency, Region 8, Air Program, Mail Code 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–6431, rothery.deirdre@epa.gov. For further information on this proposed rule, please see the interim final action, of the same title, which is located in the Rules section of this Federal Register. EPA is taking this action as an interim final rule without prior proposal and public comment because EPA finds for good cause under section 553(b)(B) of the Administrative Procedure Act (APA), 5 U.S.C. 551 et seq. that noticeand-comment are impracticable, unnecessary or contrary to the public interest in this instance. Section 307(d) of the CAA states that in the case of any rule to which section 307(d) applies, notice of proposed rulemaking must be published in the Federal Register (CAA section 307(d)(3)). The promulgation or revision of regulations under section 110 of the CAA is generally subject to section 307(d). However, section 307(d) does not apply to any rule referred to in subparagraphs (A) or (B) of section 553(b) of the APA. Further discussion on EPA’s determination on invoking the good cause exemption can be found in the interim final rule as well as a detailed rationale for our approval. The requirements in a subsequent final rule for this proposed rule are expected to supersede the requirements being promulgated in that interim final rule. Note that Docket Number EPA–R08– OAR–2012–0479 is being used for both the interim final rule and the proposed rule. SUPPLEMENTARY INFORMATION: E:\FR\FM\15AUP1.SGM 15AUP1 48924 Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Proposed Rules EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. List of Subjects in 40 CFR Part 49 Environmental protection, Administrative practice and procedure, Air pollution control, Indians, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: August 1, 2012. James B. Martin, Regional Administrator, Region 8. [FR Doc. 2012–19697 Filed 8–14–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 721 [EPA–HQ–OPPT–2012–0268; FRL–9358–7] RIN 2070–AJ95 Perfluoroalkyl Sulfonates and LongChain Perfluoroalkyl Carboxylate Chemical Substances; Proposed Significant New Use Rule Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Under the Toxic Substances Control Act (TSCA), EPA is proposing to amend a significant new use rule (SNUR) for perfluoroalkyl sulfonate (PFAS) chemical substances to add PFAS chemical substances that have completed the TSCA new chemical review process but have not yet commenced production or import, and to designate (for all listed PFAS chemical substances) processing as a significant new use. EPA is also proposing a SNUR for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical substances that would designate manufacturing, importing, or processing for use as part of carpets or for treating carpet (e.g., for use in the carpet aftercare market) as a significant new use. For this SNUR, EPA is also proposing to make the article exemption inapplicable to the import of LCPFAC chemical substances as part of carpets. Persons subject to these SNURs would be required to notify EPA at least 90 days before commencing any significant new use. The required notifications would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. srobinson on DSK4SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:26 Aug 14, 2012 Jkt 226001 Comments must be received on or before October 15, 2012. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2012–0268, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. • Hand Delivery: OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID number EPA–HQ–OPPT–2012–0268. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is (202) 564–8930. Such deliveries are only accepted during the DCO’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to docket ID number EPA–HQ–OPPT– 2012–0268. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. DATES: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Docket: All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to https:// www.regulations.gov; select ‘‘Advanced Search,’’ then ‘‘Docket Search.’’ Insert the docket ID number where indicated and select the ‘‘Submit’’ button. Follow the instructions on the regulations.gov web site to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically at https://www.regulations.gov, or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. FOR FURTHER INFORMATION CONTACT: For technical information contact: Katherine Sleasman, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: 202–564–7716; email address: sleasman.katherine@ epa.gov. For general information contact: The TSCA–Hotline, ABVI–Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCAHotline@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you manufacture, process, or import any of the chemical substances listed in Table 4 of this unit. Potentially affected entities may include, but are not limited to: E:\FR\FM\15AUP1.SGM 15AUP1

Agencies

[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Proposed Rules]
[Pages 48923-48924]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19697]



[[Page 48923]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-R08-OAR-2012-0479; FRL-9715-6]


Approval and Promulgation of Federal Implementation Plan for Oil 
and Natural Gas Well Production Facilities; Fort Berthold Indian 
Reservation (Mandan, Hidatsa, and Arikara Nations), North Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to promulgate a Reservation-specific Federal 
Implementation Plan in order to regulate emissions from oil and natural 
gas production facilities located on the Fort Berthold Indian 
Reservation located in North Dakota. The proposed Federal 
Implementation Plan includes basic air quality regulations for the 
protection of communities in and adjacent to the Fort Berthold Indian 
Reservation. The proposed Federal Implementation Plan requires owners 
and operators of oil and natural gas production facilities to reduce 
emissions of volatile organic compounds emanating from well 
completions, recompletions, and production and storage operations. This 
Federal Implementation Plan would be implemented by EPA, or a delegated 
Tribal Authority, until replaced by a Tribal Implementation Plan. EPA 
is issuing an interim final rule for a Reservation-specific Federal 
Implementation Plan, concurrently with this proposed rule, for a 
Reservation-specific Federal Implementation Plan and any additional 
information can be found within the interim final rule under the same 
title.

DATES: Written comments must be received on or before October 15, 2012.
    Public Hearing: EPA will hold a public hearing on the following 
date: September 12, 2012. The hearing will start at 1 p.m. local time 
and continue until 4 p.m. or until everyone has had a chance to speak. 
Additionally, an evening session will be held from 6 p.m. until 8 p.m. 
The hearing will be held at the 4 Bears Casino & Lodge, 202 Frontage 
Rd, New Town, ND 58763, (701) 627-4018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2012-0479, by one of the following methods:
     https://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: r8airrulemakings@epa.gov
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Carl Daly, Director, Air Program, U.S. Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
     Hand Delivery: Carl Daly, Director, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only 
accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2012-0479. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA, without 
going through https://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly-available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at the following 
locations: Air Program, U.S. Environmental Protection Agency (EPA), 
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129; and Environmental Division, Three Affiliated Tribes, 204 West 
Main, New Town, North Dakota 58763-9404. EPA requests that if at all 
possible, you contact the individuals listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Deirdre Rothery, U. S. Environmental 
Protection Agency, Region 8, Air Program, Mail Code 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129, (303) 312-6431, 
rothery.deirdre@epa.gov.

SUPPLEMENTARY INFORMATION: For further information on this proposed 
rule, please see the interim final action, of the same title, which is 
located in the Rules section of this Federal Register. EPA is taking 
this action as an interim final rule without prior proposal and public 
comment because EPA finds for good cause under section 553(b)(B) of the 
Administrative Procedure Act (APA), 5 U.S.C. 551 et seq. that notice-
and-comment are impracticable, unnecessary or contrary to the public 
interest in this instance. Section 307(d) of the CAA states that in the 
case of any rule to which section 307(d) applies, notice of proposed 
rulemaking must be published in the Federal Register (CAA section 
307(d)(3)). The promulgation or revision of regulations under section 
110 of the CAA is generally subject to section 307(d). However, section 
307(d) does not apply to any rule referred to in subparagraphs (A) or 
(B) of section 553(b) of the APA. Further discussion on EPA's 
determination on invoking the good cause exemption can be found in the 
interim final rule as well as a detailed rationale for our approval. 
The requirements in a subsequent final rule for this proposed rule are 
expected to supersede the requirements being promulgated in that 
interim final rule.
    Note that Docket Number EPA-R08-OAR-2012-0479 is being used for 
both the interim final rule and the proposed rule.

[[Page 48924]]

    EPA will address all public comments in a subsequent final rule 
based on this proposed rule. EPA will not institute a second comment 
period on this action. Any parties interested in commenting on this 
action should do so at this time.

List of Subjects in 40 CFR Part 49

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Indians, Intergovernmental relations, Reporting 
and recordkeeping requirements.

    Dated: August 1, 2012.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2012-19697 Filed 8-14-12; 8:45 am]
BILLING CODE 6560-50-P
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