Review of New Sources and Modifications in Indian Country Amendments to the Registration and Permitting Deadlines for True Minor Sources, 34231-34240 [2014-14030]

Download as PDF Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations Federal Register, the Coast Guard will provide mariners with advanced notification of enforcement periods via the Local Notice to Mariners and marine information broadcasts. If the COTP determines that a safety zone need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the safety zone. Dated: May 29, 2014 J.F. Dixon, Captain, U.S. Coast Guard, Acting Captain of the Port New York. [FR Doc. 2014–14052 Filed 6–13–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2011–0228] RIN 1625–AA00 Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and Ship Canal from Mile Marker 296.1 to Mile Marker 296.7 at specified times from June 9 to August 1, 2014. This action is necessary to protect the waterway, waterway users, and vessels from the hazards associated with the U.S. Army Corps of Engineers’ installation of a new permanent fish barrier. During the enforcement periods listed below, entry into, transiting, mooring, laying-up or anchoring within the enforced area of this safety zone by any person or vessel is prohibited unless authorized by the Captain of the Port, Lake Michigan, or his designated representative. DATES: The regulations in 33 CFR 165.930 will be enforced from 7 a.m. to 4 p.m. daily from June 9 to June 13, June 16 to June 20, June 23 to June 27, 2014 and from 7 a.m. to noon and 1:00 p.m. to 4 p.m. daily from June 30 to July 4, July 7 to July 11, July 14 to July 18, July emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:01 Jun 13, 2014 Jkt 232001 21 to July 25, and July 28 to August 1, 2014. FOR FURTHER INFORMATION CONTACT: If you have questions on this document, call or email MST1 John Ng, Waterways Department, Coast Guard Marine Safety Unit Chicago, telephone 630–986–2155, email address john.h.ng@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, listed in 33 CFR 165.930. Specifically, the Coast Guard will enforce this safety zone between Mile Marker 296.1 to Mile Marker 296.7 on all waters of the Chicago Sanitary and Ship Canal. Enforcement will occur from 7 a.m. to 4 p.m. daily from June 9 to June 13, June 16 to June 20, June 23 to June 27, 2014, and from 7 a.m. to noon and 1:00 p.m. to 4 p.m. daily from June 30 to July 4, July 7 to July 11, July 14 to July 18, July 21 to July 25, and July 28 to August 1, 2014. This enforcement action is necessary because the Captain of the Port, Lake Michigan, has determined that the U.S. Army Corps of Engineers’ installation of a new permanent fish barrier poses risks to life and property. Because of these risks, it is necessary to control vessel movement during the operations to prevent injury and property loss. In accordance with the general regulations in § 165.23 of this part, entry into, transiting, mooring, laying up, or anchoring within the enforced area of this safety zone by any person or vessel is prohibited unless authorized by the Captain of the Port, Lake Michigan, or his or her designated representative. Vessels that wish to transit through the safety zone may request permission from the Captain of the Port, Lake Michigan. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. Approvals will be granted on a case by case basis. The Captain of the Port may be contacted via U.S. Coast Guard Sector Lake Michigan on VHF channel 16. This document is issued under authority of 33 CFR 165.930 and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Captain of the Port, Lake Michigan, will also provide notice through other means, which may include Broadcast Notice to Mariners, Local Notice to Mariners, local news media, distribution in leaflet form, and on-scene oral notice. Additionally, the Captain of the Port, Lake Michigan, may notify PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 34231 representatives from the maritime industry through telephonic and email notifications. Dated: June 6, 2014. M.W. Sibley, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2014–14057 Filed 6–13–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 49 [EPA–HQ–OAR–2011–0151; FRL–9911–46– OAR] RIN 2060–AS24 Review of New Sources and Modifications in Indian Country Amendments to the Registration and Permitting Deadlines for True Minor Sources Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is issuing final amendments to the ‘‘Federal Minor New Source Review Program in Indian Country’’ (we refer to this new source review rule as the ‘‘Indian Country Minor NSR Rule’’). We are amending the Indian Country Minor NSR Rule in two ways. First, we are extending the NSR minor source permitting deadline for true minor sources in the oil and natural gas sector from September 2, 2014, to March 2, 2016. Second, we are changing the registration deadline for new true minor sources in the oil and natural gas sector to conform with the changes to the NSR minor source permitting deadline. We are also eliminating a requirement for all true minor sources that begin operation before September 2, 2014, to obtain a minor NSR permit 6 months after EPA publishes a general permit because the provision no longer affects any source. DATES: The final rule is effective on July 16, 2014. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2011–0151. 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 SUMMARY: E:\FR\FM\16JNR1.SGM 16JNR1 34232 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations either electronically in https:// www.regulations.gov or in hard copy at the Air and Radiation Docket, EPA/DC, William Jefferson Clinton West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20460. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air and Radiation Docket is (202) 566–1742. For general questions about this document, please contact Mr. Christopher Stoneman, Outreach and Information Division, Office of Air Quality Planning and Standards (C304–01), Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number (919) 541– 0823; fax number (919) 541–0072; email address: stoneman.chris@epa.gov. For questions about the applicability of this action to a particular source, please FOR FURTHER INFORMATION CONTACT: NAICS a Category emcdonald on DSK67QTVN1PROD with RULES Industry ........................................................ a North contact the appropriate EPA region contact for your state: EPA Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas)— Ms. Bonnie Braganza, Air Permits Section, Multimedia Permitting and Planning Division, Environmental Protection Agency Region 6, Dallas, Texas 75202; telephone number (214) 665–7340; fax number (214) 665–6762; email address: braganza.bonnie@ epa.gov. EPA Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming)—Ms. Claudia Smith, Air Program, Mail Code 8P–AR, Environmental Protection Agency Region 8, Denver, Colorado 80202; telephone number (303) 312–6520; fax number (303) 312–6649; email address: smith.claudia@epa.gov. EPA Region 9 (Arizona, California, Hawaii, Nevada, and Pacific Islands)— Ms. Lisa Beckham, Permits Office, Air Division, Air-3, Environmental Protection Agency Region 9, San Francisco, California 94105; telephone number (415) 972–3811; fax number 21111 211111 211112 212321 213111 213112 22111 221210 22132 23899 311119 3116 321113 321212 32191 323110 324121 3251 32711 32732 3279 331511 3323 332812 3329 33311 33711 42451 42471 4471 54171 562212 72112 811121 (415) 947–3579; email address: beckham.lisa@epa.gov. All other EPA regions—The permit reviewer for minor sources in Indian country for your EPA region. You can find the list of the EPA permit reviewers at https://www.epa.gov/air/tribal/ tribalnsr.html. Scroll down to the heading, ‘‘Existing Source Registration,’’ and click on ‘‘Reviewing Authority’’ to access ‘‘Environmental Protection Agency’s Reviewing Authorities for Permits.’’ SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? Entities potentially affected by this final rule include owners and operators of true minor emission sources in all industry groups planning to locate or already located in Indian country. Categories and entities potentially affected by this action are expected to include, but are not limited to, the following: Examples of regulated entities Oil and gas production/operations. Crude petroleum and natural gas extraction. Natural gas liquid extraction. Sand and gravel mining. Drilling oil and gas wells. Support activities for oil and gas operations. Electric power generation. Natural gas distribution. Sewage treatment facilities. Sand and shot blasting operations. Animal food manufacturing. Beef cattle complex, slaughter house and meat packing plant. Sawmills. Softwood veneer and plywood manufacturing. Millwork (wood products manufacturing). Printing operations (lithographic). Asphalt hot mix. Chemical preparation. Clay and ceramics operations (kilns). Concrete batching plant. Fiber glass operations. Casting foundry (iron). Fabricated structural metal. Surface coating operations. Fabricated metal products. Machinery manufacturing. Wood kitchen cabinet manufacturing. Grain elevator. Gasoline bulk plant. Gasoline station. Professional, scientific, and technical services. Solid waste landfill. Casino hotels. Auto body refinishing. American Industry Classification System. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be subject to the Indian Country Minor VerDate Mar<15>2010 16:01 Jun 13, 2014 Jkt 232001 NSR Program, and, therefore, potentially affected by this action. To determine whether your facility is affected by this action, you should examine the PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 applicability criteria in 40 CFR 49.151 through 49.161 (i.e., the Indian Country Minor NSR Rule). If you have any questions regarding the applicability of E:\FR\FM\16JNR1.SGM 16JNR1 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations this action to a particular entity, contact the appropriate person listed under FOR FURTHER INFORMATION CONTACT. B. Where can I get a copy of this document and other related information? In addition to being available in the docket, an electronic copy of this final rule will also be available on the World Wide Web. Following signature by the EPA Administrator, a copy of this final rule will be posted in the regulations and standards section of our NSR home page located at https://www.epa.gov/nsr and on the tribal NSR page at https:// www.epa.gov/air/tribal/tribalnsr.html. II. Purpose In July 2011, EPA finalized a rule that includes a minor new source review NSR permitting program for sources in Indian country. We call the minor source permitting part of the rule: The ‘‘Indian Country Minor NSR Rule.’’ 1 We call a permit issued under this program a minor NSR permit. Under the rule issued in 2011, new and modified minor sources and major sources that make minor modifications, located in Indian country, must obtain a permit prior to commencing construction (a preconstruction permit) beginning on September 2, 2014. The purpose of today’s rulemaking is to finalize the following two amendments to the Indian Country Minor NSR Rule: (1) Extend the minor NSR permitting deadline for true minor sources in the oil and natural gas sector located, or planning to locate, in Indian country; and (2) Adjust the registration deadline to conform to the extended permitting deadline for true minor sources in the oil and natural gas sector; and (3) We are also eliminating a requirement for all true minor sources that begin operation before September 2, 2014, to obtain a minor NSR permit 6 months after EPA publishes a general permit. No general permits have been finalized to date, so the provision is now moot. emcdonald on DSK67QTVN1PROD with RULES III. Background A. Proposed Amendments to the Indian Country Minor NSR Rule On January 14, 2014, EPA published a proposed rule, ‘‘General Permits and Permits by Rule for the Federal Minor 1 The Indian Country Minor NSR Rule is a component of ‘‘Review of New Sources and Modifications in Indian Country, Final Rule’’ July 1, 2011 (76 FR 38748) that applies to new and modified minor sources and minor modifications at major sources. It is codified at 40 CFR 49.151– 49.161. VerDate Mar<15>2010 16:01 Jun 13, 2014 Jkt 232001 New Source Review Program in Indian Country,’’ 2 that included proposed amendments to § 49.151(c)(1)(iii)(B) and § 49.160(c)(1)(ii) and (c)(1)(iii) of the Indian Country Minor NSR Rule. Two of the proposed amendments affect only true minor sources in the oil and natural gas sector: (1) The extension of the deadline by which true minor sources in the oil and natural gas sector must receive minor NSR permits prior to commencing construction; and (2) the deadline by which true minor sources in the oil and natural gas sector must register. The third proposed amendment would affect all true minor sources by eliminating the requirement to obtain a permit beginning 6 months after EPA publishes a general permit for a source category in the Federal Register, if that date is before September 2, 2014. EPA proposed other changes to the Indian Country Minor NSR Rule in the ‘‘General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country.’’ These other proposed changes are not part of today’s final rule and will be addressed in a separate final rulemaking. EPA also proposed amendments to the Indian Country Minor NSR Rule in the proposed rule, ‘‘Review of New Sources and Modifications in Indian Country—Amendments to the Indian Country Minor New Source Review Rule,’’ published in the Federal Register on June 4, 2013 (78 FR 33266). These proposed amendments addressed the list of emissions units and activities that are exempt from the Indian Country Minor NSR Program and definitions of ‘‘commence construction’’ and ‘‘begin construction.’’ We finalized these amendments in a final rule published in the Federal Register on May 30, 2014 (79 FR 31035). B. How might EPA streamline NSR permitting for true minor sources in the oil and natural gas sector? When we proposed the extension of the permit deadline for true minor sources in the oil and natural gas sector, we explained that an extension of the deadline was necessary, in part, because of the additional time required to appropriately address issues associated with this sector. To begin the process of addressing these issues, EPA published an Advance Notice of Proposed Rulemaking (ANPR) to solicit broad feedback on the most effective and 2 The ‘‘General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country’’ was proposed on January 14, 2014 (79 FR 2546). Proposed changes to the Indian Country Minor NSR rule are on pages 79 FR 2570– 2572. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 34233 efficient means of implementing the Indian Country Minor NSR Rule for new and modified true minor sources and minor modifications at major sources in the oil and natural gas sector located in Indian Country.3 In particular, the ANPR discusses various approaches, including a federal implementation plan (FIP), which would establish requirements for new and modified true minor sources and minor modifications at major sources (and possibly existing sources as well); and a general permit, which would establish a streamlined permitting approach for new and modified minor sources and minor modifications at major sources under the Indian Country Minor Source NSR Rule. EPA is also seeking feedback on other possible approaches such as a permit by rule. After considering feedback received in response to the ANPR,4 EPA intends to propose action on regulating new and modified true minor sources and minor modifications at major sources, and possibly also existing sources of oil and natural gas production operations in Indian country, in a way that: (1) Ensures the timely implementation of environmental protections; (2) maximizes the efficient use of resources; (3) minimizes preventable delays in economic development; and (4) proactively mitigates potential adverse air quality-related environmental and public health impacts that could result from the rapid growth in emissions from these sources. IV. What final action is EPA taking on amendments to the Indian Country Minor NSR Rule? Today’s final rule promulgates three amendments to the Indian Country Minor NSR Rule. This section discusses those three amendments and our rationale for adopting them. This final rule amends § 49.151(c)(1)(iii)(B) in two ways. First, we are eliminating the requirement to obtain a permit beginning 6 months after the general permit for a source category is published in the Federal Register, if that date is before September 2, 2014. The purpose of this provision was to ensure that sources would obtain preconstruction permits as soon as practicable after a general permit had been issued rather than waiting until September 2, 2014. However, today’s date is fewer than 6 months from September 2, 2014, making the provision unnecessary. Eliminating it 3 See 79 FR 32502, published on June 5, 2014. copies of the ANPR are available in the docket and in the regulations and standards section of our NSR home page located at https:// www.epa.gov/nsr. 4 Electronic E:\FR\FM\16JNR1.SGM 16JNR1 34234 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations emcdonald on DSK67QTVN1PROD with RULES de-clutters and clarifies the regulatory text. Second, we are extending the permitting deadline for all true minor sources (both new and modified true minor sources and minor modifications at existing major sources) within the oil and natural gas sector located in Indian country.5 Today’s final rule changes the deadline from September 2, 2014, to March 2, 2016, for true minor sources in the oil and natural gas sector that either begin new construction or modifications to an existing source on or after that date. This final rule also amends a provision in the Indian Country Minor NSR Rule governing existing minor source registration timeframes (§ 49.151(c)(1)(iii)(A)) to conform to the changes to the registration date that we made to another provision in the Indian Country Minor NSR rule on the same topic (§ 49.160(c)(1)(ii) and (c)(1)(iii)) and to eliminate redundant text that addresses the effective date of the Indian Country Minor NSR Rule. We did not propose either change, but had intended to make the changes we proposed throughout the regulatory text to ensure consistency. The first change to § 49.151(c)(1)(iii)(A), which addresses the registration date for true minor sources in Indian Country, is necessary to ensure consistency with the changes we proposed in § 49.160(c)(1)(ii) and (c)(1)(iii). Without the change in § 49.151(c)(1)(iii)(A), the regulatory text would have conflicting requirements. The second change in § 49.151(c)(1)(iii)(A) eliminates ‘‘you must register your source with your reviewing authority in your area within 18 months after the effective date of this program, that is.’’ This change eliminates unnecessary existing regulatory text and does not change any requirements. Today’s final rule also amends § 49.160(c)(1)(ii) and (c)(1)(iii) to make registration deadlines consistent with the minor NSR permitting deadline for true minor sources in the oil and natural gas sector. The Indian Country Minor NSR Rule currently requires true minor sources that commence construction between August 30, 2011, and September 2, 2014, to register with the appropriate reviewing authority within 90 days after the source begins operation. If a source commences 5 Typically, sources in the oil and natural gas sources sector will be assigned to one of the following NAICS codes: 21111 Oil and gas production/operations; 211111 Crude petroleum and natural gas extraction; 211112 Natural gas liquid extraction; 21311 Drilling oil and gas wells; 213112 Support activities for oil and gas operations; and 221210 Natural gas distribution. VerDate Mar<15>2010 16:01 Jun 13, 2014 Jkt 232001 construction or modification on or after September 2, 2014, its permit application fulfills the registration requirement. Today’s rule changes the September 2, 2014, date to March 2, 2016, for true minor sources in the oil and natural gas sector, thereby extending the period during which sources in the oil and natural gas sector must register. V. Summary of Significant Comments and Responses We received comments from 28 commenters (twelve tribes or tribal entities, two state or local agencies, and fourteen industry entities) overall on the ‘‘General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country’’ proposed rule. The subsections that follow provide a summary of the comments, and our responses to those comments, that relate to the changes discussed in Unit IV. and that we are addressing in today’s final rule. The remainder of the comments will be addressed as part of a separate final rule that relates to the general permits (or permits by rule) and other changes to the Indian Country Minor NSR Rule proposed in the ‘‘General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country’’ proposed rule. A. Consultation With Tribal Governments Comment: One commenter stated that much of EPA’s proposed rule violated Executive Order No. 13175 on Consultation and Coordination with Indian Tribal Governments and EPA’s May 2011 Policy on Consultation and Coordination with Indian Tribes. Response: The EPA coordinated with tribal environmental professionals on the development of the ‘‘General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country’’ proposed rule, including the proposed amendments to extend the permitting and registration deadlines for true minor sources in the oil and natural gas sector located in Indian country. The coordination consisted of participating in monthly teleconferences. Specifically, on December 19, 2013, we presented an overview of the proposal and welcomed feedback and questions. On March 4, 2014, we met with representatives of the Ute Indian Tribe to hear their concerns regarding the proposed rule. On December 16, 2013, EPA mailed letters to over 600 tribal leaders to offer consultation. To assist tribes in deciding whether to accept our offer of PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 consultation, we held a conference call on January 6, 2014, during which EPA provided an overview of the proposed changes and answered questions. We did not receive any requests for consultation from tribal governments in response to our letters offering consultation. However, prior to mailing the consultation letters, EPA began consulting with two tribes. Senior EPA officials consulted with the elected Ute Indian Tribe tribal leader and other members of the Ute Indian Tribe, including business committee members, on August 27, 2013, September 12, 2013, and March 21, 2014. Senior EPA officials also consulted with the designated representatives of the elected leaders of the Ute Indian Tribe and the Three Affiliated Tribes on July 26, 2013. B. Removing the Requirement To Obtain a Permit Beginning 6 Months After the Publication Date of a General Permit Comment: Two commenters supported eliminating the 6 month requirement, noting that the general permits have not been published, and cannot be finalized prior to 6 months before September 2, 2014. One commenter also noted that the change clarifies that September 2, 2014, is the applicable permitting deadline. Response: For the reasons explained in this document, this final rule eliminates the requirement. C. Extending the True Minor Source Permitting Deadline of the Indian Country Minor NSR Rule for True Minor Sources in the Oil and Natural Gas Sector 1. Extension Date Comment: No commenters opposed extending the true minor source permitting deadline for the Indian Country Minor NSR Rule, although two commenters did express concerns about how the extension would affect air quality. Sixteen commenters supported an extension, citing the need for a streamlined approach to permitting minor sources in the oil and natural gas sector. One commenter noted that an extension of the deadline is reasonable, given the complexity of the oil and natural gas sector. Another commenter noted that without an extension, companies will have to get individual permits for every facility. One commenter stated that if oil and natural gas sources have to obtain site-specific permits before commencing construction, the delays could have ‘‘profoundly negative effects on the Tribe’s mineral estate, its economy and its ability to fund the tribal E:\FR\FM\16JNR1.SGM 16JNR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations government,’’ which could affect the tribal government’s ability to provide ‘‘much needed social services to its tribal members.’’ Other commenters stated that obtaining site-specific permits for true minor sources in the oil and natural gas sector would cause significant and harmful delays due to the resources required to prepare and submit permit applications and the inability of the EPA to review and issue permits in a timely manner. One commenter noted that ‘‘EPA will be inundated with hundreds, maybe thousands, of permit applications’’ and has ‘‘insufficient staff to review and approve’’ these permits. Another commenter noted that the number of applications for minor source permits would ‘‘overwhelm EPA’s limited resources and likely lead to unrealistic lead times and increased uncertainty for sources seeking permits.’’ Another commenter stated that even if a general permit was proposed soon for the oil and natural gas sector, five-and-a-half months lead time is not enough for companies to make control decisions and equipment purchases, which often involve waiting lists or require testing to assure controls will work in specific locations. One commenter stated that EPA should not pick an arbitrary fixed future date for the permitting deadline. Several commenters asked EPA to set the deadline for permitting as a conditional date, i.e., a date 12 months from the publication date or effective date of the general permit for a source category. Commenters were concerned about EPA’s ability to issue a final general permit by March 2, 2016. One commenter stated that if a deadline of March 2, 2016, does not provide enough time for EPA to issue a general permit or permit by rule, we ‘‘could end up in the same predicament we find ourselves in today,’’ with no general permit or permit by rule in place and a fastapproaching deadline. One commenter noted that it makes no sense to have an effective date until a general permit or permit by rule is issued and effective for a sector. One commenter requested that EPA allow adequate lead time between the date a final oil and natural gas sector general permit, or permit by rule, is published and the permitting deadline. One commenter noted that 12 months would give oil and natural gas operators sufficient time to read and understand the general permit, or permit by rule, and to prepare hundreds of individual permit applications. Response: We are aware that EPA’s ability to review and issue minor NSR permits for the oil and natural gas sector VerDate Mar<15>2010 16:01 Jun 13, 2014 Jkt 232001 would be strained without a streamlined approach to permitting for true minor sources in the oil and natural gas sector. We are also aware that delays in issuing permits can be costly to industry and to tribes. To help address these concerns, we are developing a streamlined approach to permitting minor sources in the oil and natural gas sector. As discussed in Unit III.B., we published an ANPR that addresses various aspects of permitting oil and natural gas sources and requests comment from the public on how EPA might best apply federally enforceable limits that protect air quality in Indian country and minimize potentially costly delays. Following the ANPR, EPA will develop a notice of proposed rulemaking and a final rule. A permitting deadline prior to March 2, 2016, does not allow sufficient time to propose and promulgate a general permit, FIP, or other possible approach (i.e., a permit by rule) for sources in the oil and natural gas sector. However, a deadline date of March 2, 2016, should provide sufficient time for us to complete the regulatory development process and to finalize a streamlined approach for addressing the potential impact of true minor sources in the oil and natural gas sector. Therefore, today’s final rule is extending the permitting deadline for true minor sources in the oil and natural gas sector to March 2, 2016. We do not believe that an open-ended extension of the permit deadline is appropriate for a number of reasons. First, while we believe that an extension of the permitting deadline is necessary in practical terms for the successful implementation of the minor source permitting program for oil and natural gas sources, this means that a true minor source in the oil and natural gas sector that begins construction before March 2, 2016, will not be required to have an NSR permit. We recognize that the extended period of time true minor sources in the oil and natural gas sector will be able to construct without first obtaining an NSR permit could have a negative impact on air quality in Indian country. We believe that establishing a date of March 2, 2016, as the date by which true minor sources must obtain an NSR permit prior to commencing construction will help to minimize any such impacts. A nonspecific deadline conditional on the timing of publication in the Federal Register of a general permit could exacerbate any such impacts. Second, an open-ended extension would not provide the certainty that industry representatives have consistently said they need in order to make informed decisions PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 34235 regarding the purchase and locating of equipment. Third, one of the reasons commenters asked EPA for a conditional permitting deadline is the amount of lead time they said sources require to develop permit applications. When public comments were submitted, EPA had not published the ANPR, which discusses the possibility of issuing federally enforceable requirements using a FIP instead of a general permit for true minor sources in the oil and natural gas sector in Indian country. As discussed in the ANPR, an oil and natural gas production FIP would apply directly by regulation and would authorize construction or modification of sources complying with the requirement; sources would not need to submit a permit application or obtain coverage under a permit. This would mean that a source in compliance with the FIP could begin construction at any point after meeting notification requirements, potentially eliminating the need for significant lead time. If EPA issues a general permit or follows another approach instead of a FIP for minor sources in the oil and natural gas sector, then we will take into consideration the need for lead time. 2. Source Categories and Sources in the Oil and Natural Gas Sector Subject to the Permitting Deadline Extension Comment: Several commenters stated that the permitting deadline extension should apply to all true minor sources at oil and natural gas facilities. One commenter further specified that the permitting deadline extension should apply to glycol dehydrators, compressor stations, natural gas processing plants, and any other gas gathering facilities. Another commenter linked the equipment covered by a general permit to equipment covered by the extension deadline and stated that the general permit should be for storage tanks, dehydrators, and compressor stations. One commenter stated that the permitting deadline extension should include gas gathering activities and asked that the EPA clarify the NAICS code that includes oil and gas gathering activities. One commenter stated that a general permit for stationary engines would be especially relevant for facilities in the oil and gas industry. The commenter also stated that it ‘‘makes no sense to make the program effective for the oil and gas industry until after a general permit or permit by rule has been issued and is effective for . . . all source types used in that sector.’’ Several commenters stated that EPA should provide a permitting extension to true minor sources in all source categories. E:\FR\FM\16JNR1.SGM 16JNR1 34236 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations emcdonald on DSK67QTVN1PROD with RULES Response: EPA agrees with the commenters that the permitting extension should apply to all affected emissions units that are located at a true minor source in the oil and natural gas sector.6 An affected emissions unit, such as a boiler or an internal combustion engine, does not have to be exclusive to the industry, but it must be necessary for, and used in conjunction with, the extraction, production, processing, storage, transmission or distribution of oil or natural gas to be part of the oil and natural gas sector. We decided to apply the extension to all affected emissions units at true minor sources in the oil and natural gas sector because we have yet to determine which affected emissions units will be covered by a general permit, FIP or other approach. Before we decide in a subsequent notice of proposed rulemaking which affected emission units we want to propose to be covered, we want to consider the public comments received on a host of issues outlined in the ANPR. We expect that most affected emissions units at true minor sources in the oil and natural gas sector will be covered by one of the approaches outlined in the ANPR or which come to light in comments received on the ANPR; however, we believe it best to extend the deadline for all affected emissions units at true minor sources in the oil and natural gas sector until we determine exactly which affected emissions units will be covered. EPA is not extending the permitting deadline for all true minor sources because we do not believe an extension is warranted for other source categories. If general permits, or permits by rule, are not in place for other source categories by September 2, 2014, we would issue site-specific permits for the sources in those source categories that seek minor source permits during what we anticipate to be a short period of time between that date and the date when general permits or permits by rule are available.7 We believe that the time during which the issuance of sitespecific permits may be necessary will 6 ‘‘Affected emissions units’’ is defined in the definitions section (§ 49.152) of the Indian Country Minor NSR Rule. 7 We are basing our sense of the number of potential sources in other source categories on information from two sources. First, it is based on the mix of existing minor sources that registered with EPA in response to the March 2013 deadline. The number of oil and natural gas sources that have registered far outweighs the number of sources that have registered in other source categories. Second, EPA’s projections of minor source growth in Indian country also indicates far higher growth in oil and natural gas sources versus sources in other categories. A copy of the economic analysis can be found in the following docket: Docket ID No. EPA– HQ–OAR–2011–0151. VerDate Mar<15>2010 16:01 Jun 13, 2014 Jkt 232001 be short because we have proposed general permits, or permits by rule, for five source categories in Indian country and expect to propose additional general permits, or permits by rule, later this year. For the purposes of the permitting and registration deadlines, as specified in §§ 49.151(c)(1)(iii)(A) and (c)(1)(iii)(B), and 49.160(c)(1)(i) through (c)(1)(iii), for true minor sources, an ‘‘oil and natural gas source’’ is part of the oil and natural gas sector. The oil and natural gas sector encompasses all operations in the extraction and production of oil and natural gas, as well as the processing, transmission and distribution of natural gas. Specifically for oil, the sector includes all operations from the well to the point of custody transfer at a petroleum refinery. For natural gas, the sector includes all operations from the well to the final end user. The oil and natural gas sector can generally be separated into four segments: (1) Oil and natural gas production; (2) natural gas processing; (3) natural gas transmission and storage; and (4) natural gas distribution. The oil and natural gas production segment includes the wells and all related processes used in the extraction, production, recovery, lifting, stabilization, and separation or treatment of oil and/or natural gas (including condensate). Production components may include, but are not limited to, wells and related casing head, tubing head and ‘‘Christmas tree’’ piping, as well as pumps, compressors, heater treaters, separators, storage vessels, pneumatic devices and dehydrators. Production operations also include the well drilling, completion and workover processes and include all the portable non-self-propelled apparatus associated with those operations. Production sites include not only the sites where the wells themselves are located, but also include stand-alone ‘‘pads’’ where oil, condensate, produced water, and natural gas from several wells may be separated, stored, and treated. The production segment also includes the low to medium pressure, smaller diameter, gathering pipelines and related components that collect and transport the oil, natural gas and other materials and wastes from the wells or well pads. We believe most true minor sources in the oil and natural gas sector that will need a minor NSR permit are in the oil and natural gas production segment. The natural gas production segment ends where the natural gas enters a processing plant. In situations where there is no processing plant, the natural PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 gas production segment ends at the point where the natural gas enters the transmission segment for long-line transport. The crude oil production segment ends at the storage and load-out terminal which is used for transport of the crude oil to a petroleum refinery via trucks or railcars. The petroleum refinery is not considered a part of the oil and natural gas sector. Thus, with respect to crude oil, the oil and natural gas sector ends where crude oil enters the petroleum refinery. The second segment, natural gas processing, consists of separating certain hydrocarbons and fluids from the natural gas to produce ‘‘pipeline quality’’ dry natural gas. Pipeline quality natural gas leaves the natural gas processing segment and enters the third segment, natural gas transmission and storage, which includes pipelines, reciprocating or centrifugal compressors, and underground storage facilities. The fourth segment is the natural gas distribution segment. Local distribution companies comprise the natural gas distribution segment and deliver natural gas to the final end user. As explained earlier in this comment response, we believe that most true minor sources that will need a minor NSR permit will be in the oil and natural gas production segment. 3. Protection of Air Quality in Indian Country During the Period of the Extension Comment: One commenter expressed concern that extending the permitting deadline may provide yet additional time for oil and natural gas sources to commence new operations or make modifications to existing sources without a permit. The commenter noted that the oil and gas sector is one of the most prolific sources in some areas of Indian country and it might not be beneficial to have so many unpermitted sources during the extension period. Another commenter asked how EPA will protect air quality in Indian country during the period of the extension. Response: EPA recognizes that extending the minor NSR permitting deadline for the oil and natural gas sector could have negative impacts on air quality in Indian country, because some sources will not have to install air pollution controls that might otherwise have been required. Such impacts should be minimized, because many new, modified and reconstructed sources in Indian country will have to meet the requirements of the Agency’s oil and natural gas New Source E:\FR\FM\16JNR1.SGM 16JNR1 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations emcdonald on DSK67QTVN1PROD with RULES Performance Standard (NSPS).8 The NSPS covers most emission sources in the production segment of the oil and natural gas sector, including completions of hydraulically fractured gas wells, storage vessels, compressors, and pneumatic controllers. Sources constructed, modified or reconstructed after August 23, 2011, must comply with the requirements of the NSPS. The NSPS will be fully implemented in 2015. Thus, the NSPS will help protect air quality during the extension. Moreover, the permitting extension applies only to true minor sources; the requirement that major sources and synthetic minor sources obtain preconstruction permits in Indian country is not affected. EPA does not have the necessary resources to deal with the anticipated number of site-specific permit applications that would be submitted between the current September 2, 2014, deadline and the date by which we are able to issue a FIP, general permit or other streamlined mechanism for the permitting of true minor sources in the oil and natural gas sector. This could result in significant delays in construction of oil and natural gas sources in Indian country. Commenters representing both tribes and industry expressed concerns about the negative impacts of delays in obtaining permits. The permitting extension also gives us an opportunity to coordinate among all of the ongoing efforts to better manage the regulatory challenges posed by this large, rapidly growing, complex sector. Three activities are highlighted here. First, as previously mentioned, we have promulgated an NSPS regulation for this source category 9 that applies directly to new, modified, and reconstructed sources in the industry and requires emission controls for some sources. These requirements are independent of any NSR permit. Second, on April 15, 2014, we released several technical white papers for peer review that address emerging data on volatile organic compounds and methane emissions from certain sources in the oil and natural gas sector, as well as techniques for mitigating those emissions.10 These white papers, and the comments they elicit, will help us solidify our understanding of the sector and will help inform future policy decisions as we consider potential 8 See 40 CFR part 60, subpart OOOO, ‘‘Standards of Performance for Crude Oil and Natural Gas Production, Transmission, and Distribution.’’ 9 See 40 CFR part 60, subpart OOOO, ‘‘Standards of Performance for Crude Oil and Natural Gas Production, Transmission, and Distribution.’’ 10 The white papers can be found at https:// www.epa.gov/airquality/oilandgas. VerDate Mar<15>2010 16:01 Jun 13, 2014 Jkt 232001 voluntary and regulatory approaches. Third, we are working to improve our emissions inventory and emissions factors for the oil and natural gas sector. These improvements will allow us to better assess the potential impacts of increased production. An extension to the permitting deadline also gives us time to evaluate public comments on the ANPR (discussed in Unit III.), including comments that address whether EPA should cover existing sources in an oil and natural gas FIP. Covering existing oil and natural gas sources in a FIP, if we decide to do so, could allow us to better manage emissions increases in those areas of Indian country that exceed, or are close to exceeding, the ozone National Ambient Air Quality Standards (NAAQS) because of emissions from the oil and natural gas sector. This could also ensure greater consistency with the requirements in minor NSR permits previously issued by surrounding states. D. Registration Comment: Two commenters supported the proposed change to the registration date for true minor sources in the oil and natural gas sector. We did not receive any adverse comments on the proposed change. Response: We changed the registration date for true minor sources in the oil and natural gas sector to be consistent with the permitting deadline of March 2, 2016. VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). B. Paperwork Reduction Act This action does not impose any new information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The action will not create any new requirements under the Indian Country Minor NSR Program, but rather extends permitting and registration deadlines for true minor sources in the oil and natural gas sector, potentially reducing burden. However, the Office of Management and Budget (OMB) has previously approved the information collection requirements PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 34237 contained in the existing regulations for the Indian Country Minor NSR Program (40 CFR 49.151 through 49.161) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2060–0003. The OMB control numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedures Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations and small governmental jurisdictions. For purposes of assessing the impacts of this final action on small entities, small entity is defined as: (1) A small business as defined in the U.S. Small Business Administration size standards at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; or (3) a small organization that is any not-forprofit enterprise that is independently owned and operated and is not dominant in its field. After considering the economic impacts of this final action on small entities, I certify that this final action will not have a significant economic impact on a substantial number of small entities. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, since the primary purpose of the regulatory flexibility analysis is to identify and address regulatory alternatives ‘‘which minimize any significant economic impact of the rule on small entities.’’ 5 U.S.C. 603 and 604. Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, or otherwise has a positive economic effect, on all of the small entities subject to the rule. This final action will not create any new requirements under the Indian Country Minor NSR Program. It merely extends the permit and registration deadlines for true minor sources in the oil and natural gas sector in Indian country. Therefore, it would not impose any additional burden on any sources E:\FR\FM\16JNR1.SGM 16JNR1 34238 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations (including small entities). We have therefore concluded that this final rule will be neutral or relieve the regulatory burden for all affected small entities. D. Unfunded Mandates Reform Act This action contains no federal mandate under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531–1538 for state, local or tribal governments in the aggregate, or the private sector in any 1 year. This action will not create any new requirements under the Indian Country Minor NSR Program, but rather extends the permitting and registration deadlines for true minor sources in the oil and natural gas sector in Indian country. Therefore, this action is not subject to the requirements of sections 202 or 205 of UMRA. This action is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. As noted previously, the effect of this final rule will be neutral or relieve regulatory burden. emcdonald on DSK67QTVN1PROD with RULES E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. This final rule will revise the Indian Country Minor NSR Program, which applies only in Indian country, and will not, therefore, affect the relationship between the national government and the states or the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Subject to the Executive Order 13175 (65 FR 67249, November 9, 2000), EPA may not issue a regulation that has tribal implications, that imposes substantial direct compliance costs and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by tribal governments or EPA consults with tribal officials early in the process of developing the proposed regulation and develops a tribal summary impact statement. EPA has concluded that this final rule will have tribal implications. However, it will neither impose substantial direct compliance costs on tribal governments, VerDate Mar<15>2010 16:01 Jun 13, 2014 Jkt 232001 nor preempt tribal law. This final rule will have tribal implications since it revises the Indian Country Minor NSR Program, which applies to both triballyowned and privately-owned sources in Indian country. As with the existing rule, the revised rule will be implemented by EPA, or a delegate tribal agency assisting EPA with administration of the rules, until replaced by an EPA-approved tribal implementation plan. The effect of this final rule will be to extend the permitting and registration deadlines for true minor sources in the oil and natural gas sector. EPA coordinated with tribal environmental professionals on the development of the ‘‘General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country’’ proposed rule, including the proposed amendments to extend the permitting and registration deadlines for true minor sources in the oil and natural gas sector located in Indian country. The coordination consisted of participating in monthly teleconferences. Specifically, on December 19, 2013, we presented an overview of the proposal and welcomed feedback and questions. On March 4, 2014, we met with representatives of the Ute Indian Tribe to hear their concerns regarding the proposed rule. On December 16, 2013, EPA mailed letters to over 600 tribal leaders to offer consultation. To assist tribes in deciding whether to accept our offer of consultation, we held a conference call on January 6, 2014, during which EPA provided an overview of the proposed changes and answered questions. We did not receive any requests for consultation from tribal governments in response to our letters offering consultation. However, prior to mailing the consultation letters, EPA began consulting with two tribes. Senior EPA officials consulted with the elected Ute Indian Tribe tribal leader and other members of the Ute Indian Tribe, including business committee members, on August 27, 2013, September 12, 2013, March 4, 2014, and March 21, 2014. Senior EPA officials also consulted with the designated representatives of the elected leaders of the Ute Indian Tribe and the Three Affiliated Tribes on July 26, 2013. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 under section 5–501 of the Executive Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law No. 104–113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through the OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This rulemaking does not involve technical standards. Therefore, EPA has not considered the use of any voluntary consensus standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies and activities on minority populations and low-income populations in the United States. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations. This final rule will extend the true minor source permit deadlines for oil and natural gas sources under the Indian Country Minor E:\FR\FM\16JNR1.SGM 16JNR1 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations NSR Program. EPA recognizes that this will result in some sources not installing air pollution controls that might otherwise have been required by a permit, but believes that any negative impacts on air quality associated with such activities will not be significant and that the practical need for the extension justifies any such impacts in the near term. Many new, modified and reconstructed sources in Indian country will have to meet the requirements of the Agency’s oil and natural gas NSPS. The NSPS covers most emission sources in the production segment of the oil and natural gas sector, including completions of hydraulically fractured gas wells, storage vessels, compressors, and pneumatic controllers. Sources constructed, modified or reconstructed after August 23, 2011, must comply with the requirements of the NSPS. The NSPS will be fully implemented in 2015. Thus, the NSPS will help protect air quality during the extension. Moreover, the permitting extension applies only to true minor sources; the requirement that major sources and synthetic minor sources obtain preconstruction permits in Indian country is not affected. emcdonald on DSK67QTVN1PROD with RULES K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq, as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This rule will be effective July 16, 2014. L. Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the District of Columbia Circuit by August 15, 2014. Any such judicial review is limited to only those objections that are raised with reasonable specificity in timely comments. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review, nor does it extend the time VerDate Mar<15>2010 16:01 Jun 13, 2014 Jkt 232001 within which a petition for judicial review may be filed and shall not postpone the effectiveness of such rule or action. Under section 307(b)(2) of the Clean Air Act, the requirements of this final action may not be challenged later in civil or criminal proceedings brought by us to enforce these requirements. VII. Statutory Authority The statutory authority for this action is provided by sections 101, 110, 112, 114, 116 and 301 of the Clean Air Act as amended (42 U.S.C. 7401, 7410, 7412, 7414, 7416 and 7601). List of Subjects in 40 CFR Part 49 Environmental protection, Administrative practices and procedures, Air pollution control, Indians, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: May 22, 2014. Gina McCarthy, Administrator. PART 49—[AMENDED] 1. The authority citation for part 49 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. 2. In § 49.151, revise paragraphs (c)(1)(iii)(A) and (c)(1)(iii)(B) to read as follows: ■ Program overview. * * * * * (c) * * * (1) * * * (iii) * * * (A) If you own or operate an existing true minor source in Indian country (as defined in 40 CFR 49.152(d)), you must register your source with the reviewing authority in your area by March 1, 2013. If your true minor source is not an oil and natural gas source, and you commence construction after August 30, 2011, and before September 2, 2014, you must also register your source with the reviewing authority in your area within 90 days after the source begins operation. If your true minor source is an oil and natural gas source, and you commence construction after August 30, 2011, and before March 2, 2016, you must register your source with the reviewing authority in your area within 90 days after the source begins operation. You are exempt from these registration requirements if your true minor source is subject to § 49.138. (B) If your true minor source is not an oil and natural gas source and you wish to begin construction of a new true PO 00000 Frm 00027 Fmt 4700 minor source or a modification at an existing true minor source on or after September 2, 2014, you must first obtain a permit pursuant to §§ 49.154 and 49.155 (or a general permit pursuant to § 49.156, if applicable). If your true minor source is an oil and natural gas source and you wish to begin construction of a new true minor source or a modification at an existing true minor source on or after March 2, 2016, you must first obtain a permit pursuant to §§ 49.154 and 49.155 (or a general permit pursuant to § 49.156, if applicable). The proposed new source or modification will also be subject to the registration requirements of § 49.160, except for sources that are subject to § 49.138. * * * * * 3. In § 49.160, revise paragraphs (c)(1)(i), (c)(1)(ii), and (c)(1)(iii) to read as follows: ■ § 49.160 Registration program for minor sources in Indian country. Therefore, 40 CFR part 49 is amended as follows: § 49.151 34239 Sfmt 4700 * * * * * (c) * * * (1) * * * (i) If you own or operate an existing true minor source (as defined in 40 CFR 49.152(d)), you must register your source with the reviewing authority by March 1, 2013. (ii) If your true minor source is not an oil and natural gas source and you commence construction after August 30, 2011, and before September 2, 2014, you must register your source with the reviewing authority within 90 days after the source begins operation. If your true minor source is an oil and natural gas source, and you commence construction after August 30, 2011, and before March 2, 2016, you must register your source with the reviewing authority within 90 days after the source begins operation. (iii) If your true minor source is not an oil and natural gas source, and you commence construction or modification of your source on or after September 2, 2014, and your source is subject to this rule, you must report your source’s actual emissions (if available) as part of your permit application and your permit application information will be used to fulfill the registration requirements described in § 49.160(c)(2). If your true minor source is an oil and natural gas source, and you commence construction or modification of your source on or after March 2, 2016, and your source is subject to this rule, you must report your source’s actual emissions (if available) as part of your permit application and your permit application information will be used to fulfill the E:\FR\FM\16JNR1.SGM 16JNR1 34240 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations registration requirements described in § 49.160(c)(2). * * * * * [FR Doc. 2014–14030 Filed 6–13–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2014–0413; FRL–9912–03Region-9] Revisions to the California State Implementation Plan, Great Basin Unified Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Great Basin Unified Air Pollution Control District (GBUAPCD) portion of the California State Implementation Plan (SIP). This revision concerns particulate matter (PM) emissions from agricultural sources. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). SUMMARY: This rule is effective on August 15, 2014 without further notice, unless EPA receives adverse comments by July 16, 2014. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. DATES: Submit comments, identified by docket number EPA–R09– OAR–2014–0413, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. Email: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or email. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send email directly to EPA, your email address will be automatically captured and included as part of the public comment. 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. Docket: Generally, documents in the docket for this action are available ADDRESSES: electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105–3901. While all documents in the docket are listed at www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972– 3848, levin.nancy@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule? II. EPA’s Evaluation and Action A. How is EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. EPA Recommendations to Further Improve the Rule D. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State’s Submittal A. What rule did the State submit? Table 1 lists the rule we are approving with the dates that it was adopted by the local air agency and submitted by the GBUAPCD. TABLE 1—SUBMITTED RULES Local agency Rule No. Rule title Adopted Submitted GBUAPCD ........ 502 Conservation Management Practices .......................................................... 07/07/05 10/20/05 On November 22, 2005 EPA determined that the submittal for GBUAPCD Rule 502 met the completeness criteria in 40 CFR Part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of this rule? emcdonald on DSK67QTVN1PROD with RULES There are no previous versions of Rule 502 in the SIP. C. What is the purpose of the submitted rule? PM contributes to effects that are harmful to human health and the environment, including premature mortality, aggravation of respiratory and cardiovascular disease, decreased lung VerDate Mar<15>2010 16:01 Jun 13, 2014 Jkt 232001 function, visibility impairment, and damage to vegetation and ecosystems. Section 110(a) of the CAA requires States to submit regulations that control PM emissions. This rule requires that agricultural owner/operators limit PM– 10 (10 micrograms or smaller in diameter) emissions by selecting and implementing ‘‘Conservation Management Practices’’ or CMPs. EPA’s technical support document (TSD) has more information about this rule. II. EPA’s Evaluation and Action A. How is EPA evaluating the rule? Generally, SIP rules must be enforceable (see section 110(a) of the PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 Act) and must not relax existing requirements (see sections 110(l) and 193). In addition, areas designated and classified as moderate nonattainment for PM–10 must implement Reasonably Available Control Measures (RACM), and areas designated and classified as serious nonattainment for PM–10 must implement Best Available Control Measures (BACM) (see CAA sections 189(a)(1) and 189(b)(1)). The GBUAPCD regulates PM–10 nonattainment areas classified as moderate (Mammoth Lakes and Mono Basin) and serious (Owens Valley) (see 40 CFR Part 81.305). Guidance and policy documents that we used to evaluate this rule include the following: E:\FR\FM\16JNR1.SGM 16JNR1

Agencies

[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Rules and Regulations]
[Pages 34231-34240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14030]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-HQ-OAR-2011-0151; FRL-9911-46-OAR]
RIN 2060-AS24


Review of New Sources and Modifications in Indian Country 
Amendments to the Registration and Permitting Deadlines for True Minor 
Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is issuing final amendments to the ``Federal Minor New 
Source Review Program in Indian Country'' (we refer to this new source 
review rule as the ``Indian Country Minor NSR Rule''). We are amending 
the Indian Country Minor NSR Rule in two ways. First, we are extending 
the NSR minor source permitting deadline for true minor sources in the 
oil and natural gas sector from September 2, 2014, to March 2, 2016. 
Second, we are changing the registration deadline for new true minor 
sources in the oil and natural gas sector to conform with the changes 
to the NSR minor source permitting deadline. We are also eliminating a 
requirement for all true minor sources that begin operation before 
September 2, 2014, to obtain a minor NSR permit 6 months after EPA 
publishes a general permit because the provision no longer affects any 
source.

DATES: The final rule is effective on July 16, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2011-0151. 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

[[Page 34232]]

either electronically in https://www.regulations.gov or in hard copy at 
the Air and Radiation Docket, EPA/DC, William Jefferson Clinton West 
Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 
20460. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Public Reading Room is (202) 566-1744, and the telephone number 
for the Air and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For general questions about this 
document, please contact Mr. Christopher Stoneman, Outreach and 
Information Division, Office of Air Quality Planning and Standards 
(C304-01), Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711; telephone number (919) 541-0823; fax number (919) 
541-0072; email address: stoneman.chris@epa.gov. For questions about 
the applicability of this action to a particular source, please contact 
the appropriate EPA region contact for your state:
    EPA Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, and 
Texas)--Ms. Bonnie Braganza, Air Permits Section, Multimedia Permitting 
and Planning Division, Environmental Protection Agency Region 6, 
Dallas, Texas 75202; telephone number (214) 665-7340; fax number (214) 
665-6762; email address: braganza.bonnie@epa.gov.
    EPA Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, 
and Wyoming)--Ms. Claudia Smith, Air Program, Mail Code 8P-AR, 
Environmental Protection Agency Region 8, Denver, Colorado 80202; 
telephone number (303) 312-6520; fax number (303) 312-6649; email 
address: smith.claudia@epa.gov.
    EPA Region 9 (Arizona, California, Hawaii, Nevada, and Pacific 
Islands)--Ms. Lisa Beckham, Permits Office, Air Division, Air-3, 
Environmental Protection Agency Region 9, San Francisco, California 
94105; telephone number (415) 972-3811; fax number (415) 947-3579; 
email address: beckham.lisa@epa.gov.
    All other EPA regions--The permit reviewer for minor sources in 
Indian country for your EPA region. You can find the list of the EPA 
permit reviewers at https://www.epa.gov/air/tribal/tribalnsr.html. 
Scroll down to the heading, ``Existing Source Registration,'' and click 
on ``Reviewing Authority'' to access ``Environmental Protection 
Agency's Reviewing Authorities for Permits.''

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this final rule include owners and 
operators of true minor emission sources in all industry groups 
planning to locate or already located in Indian country. Categories and 
entities potentially affected by this action are expected to include, 
but are not limited to, the following:

------------------------------------------------------------------------
                                                 Examples of regulated
             Category               NAICS \a\           entities
------------------------------------------------------------------------
Industry..........................      21111  Oil and gas production/
                                                operations.
                                       211111  Crude petroleum and
                                                natural gas extraction.
                                       211112  Natural gas liquid
                                                extraction.
                                       212321  Sand and gravel mining.
                                       213111  Drilling oil and gas
                                                wells.
                                       213112  Support activities for
                                                oil and gas operations.
                                        22111  Electric power
                                                generation.
                                       221210  Natural gas distribution.
                                        22132  Sewage treatment
                                                facilities.
                                        23899  Sand and shot blasting
                                                operations.
                                       311119  Animal food
                                                manufacturing.
                                         3116  Beef cattle complex,
                                                slaughter house and meat
                                                packing plant.
                                       321113  Sawmills.
                                       321212  Softwood veneer and
                                                plywood manufacturing.
                                        32191  Millwork (wood products
                                                manufacturing).
                                       323110  Printing operations
                                                (lithographic).
                                       324121  Asphalt hot mix.
                                         3251  Chemical preparation.
                                        32711  Clay and ceramics
                                                operations (kilns).
                                        32732  Concrete batching plant.
                                         3279  Fiber glass operations.
                                       331511  Casting foundry (iron).
                                         3323  Fabricated structural
                                                metal.
                                       332812  Surface coating
                                                operations.
                                         3329  Fabricated metal
                                                products.
                                        33311  Machinery manufacturing.
                                        33711  Wood kitchen cabinet
                                                manufacturing.
                                        42451  Grain elevator.
                                        42471  Gasoline bulk plant.
                                         4471  Gasoline station.
                                        54171  Professional, scientific,
                                                and technical services.
                                       562212  Solid waste landfill.
                                        72112  Casino hotels.
                                       811121  Auto body refinishing.
------------------------------------------------------------------------
\a\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be subject to the Indian 
Country Minor NSR Program, and, therefore, potentially affected by this 
action. To determine whether your facility is affected by this action, 
you should examine the applicability criteria in 40 CFR 49.151 through 
49.161 (i.e., the Indian Country Minor NSR Rule). If you have any 
questions regarding the applicability of

[[Page 34233]]

this action to a particular entity, contact the appropriate person 
listed under FOR FURTHER INFORMATION CONTACT.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this final rule will also be available on the World Wide Web. Following 
signature by the EPA Administrator, a copy of this final rule will be 
posted in the regulations and standards section of our NSR home page 
located at https://www.epa.gov/nsr and on the tribal NSR page at https://www.epa.gov/air/tribal/tribalnsr.html.

II. Purpose

    In July 2011, EPA finalized a rule that includes a minor new source 
review NSR permitting program for sources in Indian country. We call 
the minor source permitting part of the rule: The ``Indian Country 
Minor NSR Rule.'' \1\ We call a permit issued under this program a 
minor NSR permit. Under the rule issued in 2011, new and modified minor 
sources and major sources that make minor modifications, located in 
Indian country, must obtain a permit prior to commencing construction 
(a pre-construction permit) beginning on September 2, 2014.
---------------------------------------------------------------------------

    \1\ The Indian Country Minor NSR Rule is a component of ``Review 
of New Sources and Modifications in Indian Country, Final Rule'' 
July 1, 2011 (76 FR 38748) that applies to new and modified minor 
sources and minor modifications at major sources. It is codified at 
40 CFR 49.151-49.161.
---------------------------------------------------------------------------

    The purpose of today's rulemaking is to finalize the following two 
amendments to the Indian Country Minor NSR Rule:
    (1) Extend the minor NSR permitting deadline for true minor sources 
in the oil and natural gas sector located, or planning to locate, in 
Indian country; and
    (2) Adjust the registration deadline to conform to the extended 
permitting deadline for true minor sources in the oil and natural gas 
sector; and
    (3) We are also eliminating a requirement for all true minor 
sources that begin operation before September 2, 2014, to obtain a 
minor NSR permit 6 months after EPA publishes a general permit. No 
general permits have been finalized to date, so the provision is now 
moot.

III. Background

A. Proposed Amendments to the Indian Country Minor NSR Rule

    On January 14, 2014, EPA published a proposed rule, ``General 
Permits and Permits by Rule for the Federal Minor New Source Review 
Program in Indian Country,'' \2\ that included proposed amendments to 
Sec.  49.151(c)(1)(iii)(B) and Sec.  49.160(c)(1)(ii) and (c)(1)(iii) 
of the Indian Country Minor NSR Rule. Two of the proposed amendments 
affect only true minor sources in the oil and natural gas sector: (1) 
The extension of the deadline by which true minor sources in the oil 
and natural gas sector must receive minor NSR permits prior to 
commencing construction; and (2) the deadline by which true minor 
sources in the oil and natural gas sector must register. The third 
proposed amendment would affect all true minor sources by eliminating 
the requirement to obtain a permit beginning 6 months after EPA 
publishes a general permit for a source category in the Federal 
Register, if that date is before September 2, 2014.
---------------------------------------------------------------------------

    \2\ The ``General Permits and Permits by Rule for the Federal 
Minor New Source Review Program in Indian Country'' was proposed on 
January 14, 2014 (79 FR 2546). Proposed changes to the Indian 
Country Minor NSR rule are on pages 79 FR 2570-2572.
---------------------------------------------------------------------------

    EPA proposed other changes to the Indian Country Minor NSR Rule in 
the ``General Permits and Permits by Rule for the Federal Minor New 
Source Review Program in Indian Country.'' These other proposed changes 
are not part of today's final rule and will be addressed in a separate 
final rulemaking.
    EPA also proposed amendments to the Indian Country Minor NSR Rule 
in the proposed rule, ``Review of New Sources and Modifications in 
Indian Country--Amendments to the Indian Country Minor New Source 
Review Rule,'' published in the Federal Register on June 4, 2013 (78 FR 
33266). These proposed amendments addressed the list of emissions units 
and activities that are exempt from the Indian Country Minor NSR 
Program and definitions of ``commence construction'' and ``begin 
construction.'' We finalized these amendments in a final rule published 
in the Federal Register on May 30, 2014 (79 FR 31035).

B. How might EPA streamline NSR permitting for true minor sources in 
the oil and natural gas sector?

    When we proposed the extension of the permit deadline for true 
minor sources in the oil and natural gas sector, we explained that an 
extension of the deadline was necessary, in part, because of the 
additional time required to appropriately address issues associated 
with this sector. To begin the process of addressing these issues, EPA 
published an Advance Notice of Proposed Rulemaking (ANPR) to solicit 
broad feedback on the most effective and efficient means of 
implementing the Indian Country Minor NSR Rule for new and modified 
true minor sources and minor modifications at major sources in the oil 
and natural gas sector located in Indian Country.\3\ In particular, the 
ANPR discusses various approaches, including a federal implementation 
plan (FIP), which would establish requirements for new and modified 
true minor sources and minor modifications at major sources (and 
possibly existing sources as well); and a general permit, which would 
establish a streamlined permitting approach for new and modified minor 
sources and minor modifications at major sources under the Indian 
Country Minor Source NSR Rule. EPA is also seeking feedback on other 
possible approaches such as a permit by rule.
---------------------------------------------------------------------------

    \3\ See 79 FR 32502, published on June 5, 2014.
---------------------------------------------------------------------------

    After considering feedback received in response to the ANPR,\4\ EPA 
intends to propose action on regulating new and modified true minor 
sources and minor modifications at major sources, and possibly also 
existing sources of oil and natural gas production operations in Indian 
country, in a way that: (1) Ensures the timely implementation of 
environmental protections; (2) maximizes the efficient use of 
resources; (3) minimizes preventable delays in economic development; 
and (4) proactively mitigates potential adverse air quality-related 
environmental and public health impacts that could result from the 
rapid growth in emissions from these sources.
---------------------------------------------------------------------------

    \4\ Electronic copies of the ANPR are available in the docket 
and in the regulations and standards section of our NSR home page 
located at https://www.epa.gov/nsr.
---------------------------------------------------------------------------

IV. What final action is EPA taking on amendments to the Indian Country 
Minor NSR Rule?

    Today's final rule promulgates three amendments to the Indian 
Country Minor NSR Rule. This section discusses those three amendments 
and our rationale for adopting them.
    This final rule amends Sec.  49.151(c)(1)(iii)(B) in two ways. 
First, we are eliminating the requirement to obtain a permit beginning 
6 months after the general permit for a source category is published in 
the Federal Register, if that date is before September 2, 2014. The 
purpose of this provision was to ensure that sources would obtain 
preconstruction permits as soon as practicable after a general permit 
had been issued rather than waiting until September 2, 2014. However, 
today's date is fewer than 6 months from September 2, 2014, making the 
provision unnecessary. Eliminating it

[[Page 34234]]

de-clutters and clarifies the regulatory text.
    Second, we are extending the permitting deadline for all true minor 
sources (both new and modified true minor sources and minor 
modifications at existing major sources) within the oil and natural gas 
sector located in Indian country.\5\ Today's final rule changes the 
deadline from September 2, 2014, to March 2, 2016, for true minor 
sources in the oil and natural gas sector that either begin new 
construction or modifications to an existing source on or after that 
date.
---------------------------------------------------------------------------

    \5\ Typically, sources in the oil and natural gas sources sector 
will be assigned to one of the following NAICS codes: 21111 Oil and 
gas production/operations; 211111 Crude petroleum and natural gas 
extraction; 211112 Natural gas liquid extraction; 21311 Drilling oil 
and gas wells; 213112 Support activities for oil and gas operations; 
and 221210 Natural gas distribution.
---------------------------------------------------------------------------

    This final rule also amends a provision in the Indian Country Minor 
NSR Rule governing existing minor source registration timeframes (Sec.  
49.151(c)(1)(iii)(A)) to conform to the changes to the registration 
date that we made to another provision in the Indian Country Minor NSR 
rule on the same topic (Sec.  49.160(c)(1)(ii) and (c)(1)(iii)) and to 
eliminate redundant text that addresses the effective date of the 
Indian Country Minor NSR Rule. We did not propose either change, but 
had intended to make the changes we proposed throughout the regulatory 
text to ensure consistency. The first change to Sec.  
49.151(c)(1)(iii)(A), which addresses the registration date for true 
minor sources in Indian Country, is necessary to ensure consistency 
with the changes we proposed in Sec.  49.160(c)(1)(ii) and (c)(1)(iii). 
Without the change in Sec.  49.151(c)(1)(iii)(A), the regulatory text 
would have conflicting requirements. The second change in Sec.  
49.151(c)(1)(iii)(A) eliminates ``you must register your source with 
your reviewing authority in your area within 18 months after the 
effective date of this program, that is.'' This change eliminates 
unnecessary existing regulatory text and does not change any 
requirements.
    Today's final rule also amends Sec.  49.160(c)(1)(ii) and 
(c)(1)(iii) to make registration deadlines consistent with the minor 
NSR permitting deadline for true minor sources in the oil and natural 
gas sector. The Indian Country Minor NSR Rule currently requires true 
minor sources that commence construction between August 30, 2011, and 
September 2, 2014, to register with the appropriate reviewing authority 
within 90 days after the source begins operation. If a source commences 
construction or modification on or after September 2, 2014, its permit 
application fulfills the registration requirement. Today's rule changes 
the September 2, 2014, date to March 2, 2016, for true minor sources in 
the oil and natural gas sector, thereby extending the period during 
which sources in the oil and natural gas sector must register.

V. Summary of Significant Comments and Responses

    We received comments from 28 commenters (twelve tribes or tribal 
entities, two state or local agencies, and fourteen industry entities) 
overall on the ``General Permits and Permits by Rule for the Federal 
Minor New Source Review Program in Indian Country'' proposed rule. The 
subsections that follow provide a summary of the comments, and our 
responses to those comments, that relate to the changes discussed in 
Unit IV. and that we are addressing in today's final rule. The 
remainder of the comments will be addressed as part of a separate final 
rule that relates to the general permits (or permits by rule) and other 
changes to the Indian Country Minor NSR Rule proposed in the ``General 
Permits and Permits by Rule for the Federal Minor New Source Review 
Program in Indian Country'' proposed rule.

A. Consultation With Tribal Governments

    Comment: One commenter stated that much of EPA's proposed rule 
violated Executive Order No. 13175 on Consultation and Coordination 
with Indian Tribal Governments and EPA's May 2011 Policy on 
Consultation and Coordination with Indian Tribes.
    Response: The EPA coordinated with tribal environmental 
professionals on the development of the ``General Permits and Permits 
by Rule for the Federal Minor New Source Review Program in Indian 
Country'' proposed rule, including the proposed amendments to extend 
the permitting and registration deadlines for true minor sources in the 
oil and natural gas sector located in Indian country. The coordination 
consisted of participating in monthly teleconferences. Specifically, on 
December 19, 2013, we presented an overview of the proposal and 
welcomed feedback and questions. On March 4, 2014, we met with 
representatives of the Ute Indian Tribe to hear their concerns 
regarding the proposed rule.
    On December 16, 2013, EPA mailed letters to over 600 tribal leaders 
to offer consultation. To assist tribes in deciding whether to accept 
our offer of consultation, we held a conference call on January 6, 
2014, during which EPA provided an overview of the proposed changes and 
answered questions. We did not receive any requests for consultation 
from tribal governments in response to our letters offering 
consultation. However, prior to mailing the consultation letters, EPA 
began consulting with two tribes. Senior EPA officials consulted with 
the elected Ute Indian Tribe tribal leader and other members of the Ute 
Indian Tribe, including business committee members, on August 27, 2013, 
September 12, 2013, and March 21, 2014. Senior EPA officials also 
consulted with the designated representatives of the elected leaders of 
the Ute Indian Tribe and the Three Affiliated Tribes on July 26, 2013.

B. Removing the Requirement To Obtain a Permit Beginning 6 Months After 
the Publication Date of a General Permit

    Comment: Two commenters supported eliminating the 6 month 
requirement, noting that the general permits have not been published, 
and cannot be finalized prior to 6 months before September 2, 2014. One 
commenter also noted that the change clarifies that September 2, 2014, 
is the applicable permitting deadline.
    Response: For the reasons explained in this document, this final 
rule eliminates the requirement.

C. Extending the True Minor Source Permitting Deadline of the Indian 
Country Minor NSR Rule for True Minor Sources in the Oil and Natural 
Gas Sector

1. Extension Date
    Comment: No commenters opposed extending the true minor source 
permitting deadline for the Indian Country Minor NSR Rule, although two 
commenters did express concerns about how the extension would affect 
air quality. Sixteen commenters supported an extension, citing the need 
for a streamlined approach to permitting minor sources in the oil and 
natural gas sector.
    One commenter noted that an extension of the deadline is 
reasonable, given the complexity of the oil and natural gas sector. 
Another commenter noted that without an extension, companies will have 
to get individual permits for every facility. One commenter stated that 
if oil and natural gas sources have to obtain site-specific permits 
before commencing construction, the delays could have ``profoundly 
negative effects on the Tribe's mineral estate, its economy and its 
ability to fund the tribal

[[Page 34235]]

government,'' which could affect the tribal government's ability to 
provide ``much needed social services to its tribal members.'' Other 
commenters stated that obtaining site-specific permits for true minor 
sources in the oil and natural gas sector would cause significant and 
harmful delays due to the resources required to prepare and submit 
permit applications and the inability of the EPA to review and issue 
permits in a timely manner. One commenter noted that ``EPA will be 
inundated with hundreds, maybe thousands, of permit applications'' and 
has ``insufficient staff to review and approve'' these permits. Another 
commenter noted that the number of applications for minor source 
permits would ``overwhelm EPA's limited resources and likely lead to 
unrealistic lead times and increased uncertainty for sources seeking 
permits.'' Another commenter stated that even if a general permit was 
proposed soon for the oil and natural gas sector, five-and-a-half 
months lead time is not enough for companies to make control decisions 
and equipment purchases, which often involve waiting lists or require 
testing to assure controls will work in specific locations.
    One commenter stated that EPA should not pick an arbitrary fixed 
future date for the permitting deadline. Several commenters asked EPA 
to set the deadline for permitting as a conditional date, i.e., a date 
12 months from the publication date or effective date of the general 
permit for a source category. Commenters were concerned about EPA's 
ability to issue a final general permit by March 2, 2016. One commenter 
stated that if a deadline of March 2, 2016, does not provide enough 
time for EPA to issue a general permit or permit by rule, we ``could 
end up in the same predicament we find ourselves in today,'' with no 
general permit or permit by rule in place and a fast-approaching 
deadline. One commenter noted that it makes no sense to have an 
effective date until a general permit or permit by rule is issued and 
effective for a sector.
    One commenter requested that EPA allow adequate lead time between 
the date a final oil and natural gas sector general permit, or permit 
by rule, is published and the permitting deadline. One commenter noted 
that 12 months would give oil and natural gas operators sufficient time 
to read and understand the general permit, or permit by rule, and to 
prepare hundreds of individual permit applications.
    Response: We are aware that EPA's ability to review and issue minor 
NSR permits for the oil and natural gas sector would be strained 
without a streamlined approach to permitting for true minor sources in 
the oil and natural gas sector. We are also aware that delays in 
issuing permits can be costly to industry and to tribes. To help 
address these concerns, we are developing a streamlined approach to 
permitting minor sources in the oil and natural gas sector. As 
discussed in Unit III.B., we published an ANPR that addresses various 
aspects of permitting oil and natural gas sources and requests comment 
from the public on how EPA might best apply federally enforceable 
limits that protect air quality in Indian country and minimize 
potentially costly delays.
    Following the ANPR, EPA will develop a notice of proposed 
rulemaking and a final rule. A permitting deadline prior to March 2, 
2016, does not allow sufficient time to propose and promulgate a 
general permit, FIP, or other possible approach (i.e., a permit by 
rule) for sources in the oil and natural gas sector. However, a 
deadline date of March 2, 2016, should provide sufficient time for us 
to complete the regulatory development process and to finalize a 
streamlined approach for addressing the potential impact of true minor 
sources in the oil and natural gas sector. Therefore, today's final 
rule is extending the permitting deadline for true minor sources in the 
oil and natural gas sector to March 2, 2016.
    We do not believe that an open-ended extension of the permit 
deadline is appropriate for a number of reasons. First, while we 
believe that an extension of the permitting deadline is necessary in 
practical terms for the successful implementation of the minor source 
permitting program for oil and natural gas sources, this means that a 
true minor source in the oil and natural gas sector that begins 
construction before March 2, 2016, will not be required to have an NSR 
permit. We recognize that the extended period of time true minor 
sources in the oil and natural gas sector will be able to construct 
without first obtaining an NSR permit could have a negative impact on 
air quality in Indian country. We believe that establishing a date of 
March 2, 2016, as the date by which true minor sources must obtain an 
NSR permit prior to commencing construction will help to minimize any 
such impacts. A nonspecific deadline conditional on the timing of 
publication in the Federal Register of a general permit could 
exacerbate any such impacts. Second, an open-ended extension would not 
provide the certainty that industry representatives have consistently 
said they need in order to make informed decisions regarding the 
purchase and locating of equipment. Third, one of the reasons 
commenters asked EPA for a conditional permitting deadline is the 
amount of lead time they said sources require to develop permit 
applications. When public comments were submitted, EPA had not 
published the ANPR, which discusses the possibility of issuing 
federally enforceable requirements using a FIP instead of a general 
permit for true minor sources in the oil and natural gas sector in 
Indian country. As discussed in the ANPR, an oil and natural gas 
production FIP would apply directly by regulation and would authorize 
construction or modification of sources complying with the requirement; 
sources would not need to submit a permit application or obtain 
coverage under a permit. This would mean that a source in compliance 
with the FIP could begin construction at any point after meeting 
notification requirements, potentially eliminating the need for 
significant lead time. If EPA issues a general permit or follows 
another approach instead of a FIP for minor sources in the oil and 
natural gas sector, then we will take into consideration the need for 
lead time.
2. Source Categories and Sources in the Oil and Natural Gas Sector 
Subject to the Permitting Deadline Extension
    Comment: Several commenters stated that the permitting deadline 
extension should apply to all true minor sources at oil and natural gas 
facilities. One commenter further specified that the permitting 
deadline extension should apply to glycol dehydrators, compressor 
stations, natural gas processing plants, and any other gas gathering 
facilities. Another commenter linked the equipment covered by a general 
permit to equipment covered by the extension deadline and stated that 
the general permit should be for storage tanks, dehydrators, and 
compressor stations. One commenter stated that the permitting deadline 
extension should include gas gathering activities and asked that the 
EPA clarify the NAICS code that includes oil and gas gathering 
activities. One commenter stated that a general permit for stationary 
engines would be especially relevant for facilities in the oil and gas 
industry. The commenter also stated that it ``makes no sense to make 
the program effective for the oil and gas industry until after a 
general permit or permit by rule has been issued and is effective for . 
. . all source types used in that sector.''
    Several commenters stated that EPA should provide a permitting 
extension to true minor sources in all source categories.

[[Page 34236]]

    Response: EPA agrees with the commenters that the permitting 
extension should apply to all affected emissions units that are located 
at a true minor source in the oil and natural gas sector.\6\ An 
affected emissions unit, such as a boiler or an internal combustion 
engine, does not have to be exclusive to the industry, but it must be 
necessary for, and used in conjunction with, the extraction, 
production, processing, storage, transmission or distribution of oil or 
natural gas to be part of the oil and natural gas sector. We decided to 
apply the extension to all affected emissions units at true minor 
sources in the oil and natural gas sector because we have yet to 
determine which affected emissions units will be covered by a general 
permit, FIP or other approach. Before we decide in a subsequent notice 
of proposed rulemaking which affected emission units we want to propose 
to be covered, we want to consider the public comments received on a 
host of issues outlined in the ANPR. We expect that most affected 
emissions units at true minor sources in the oil and natural gas sector 
will be covered by one of the approaches outlined in the ANPR or which 
come to light in comments received on the ANPR; however, we believe it 
best to extend the deadline for all affected emissions units at true 
minor sources in the oil and natural gas sector until we determine 
exactly which affected emissions units will be covered.
---------------------------------------------------------------------------

    \6\ ``Affected emissions units'' is defined in the definitions 
section (Sec.  49.152) of the Indian Country Minor NSR Rule.
---------------------------------------------------------------------------

    EPA is not extending the permitting deadline for all true minor 
sources because we do not believe an extension is warranted for other 
source categories. If general permits, or permits by rule, are not in 
place for other source categories by September 2, 2014, we would issue 
site-specific permits for the sources in those source categories that 
seek minor source permits during what we anticipate to be a short 
period of time between that date and the date when general permits or 
permits by rule are available.\7\ We believe that the time during which 
the issuance of site-specific permits may be necessary will be short 
because we have proposed general permits, or permits by rule, for five 
source categories in Indian country and expect to propose additional 
general permits, or permits by rule, later this year.
---------------------------------------------------------------------------

    \7\ We are basing our sense of the number of potential sources 
in other source categories on information from two sources. First, 
it is based on the mix of existing minor sources that registered 
with EPA in response to the March 2013 deadline. The number of oil 
and natural gas sources that have registered far outweighs the 
number of sources that have registered in other source categories. 
Second, EPA's projections of minor source growth in Indian country 
also indicates far higher growth in oil and natural gas sources 
versus sources in other categories. A copy of the economic analysis 
can be found in the following docket: Docket ID No. EPA-HQ-OAR-2011-
0151.
---------------------------------------------------------------------------

    For the purposes of the permitting and registration deadlines, as 
specified in Sec. Sec.  49.151(c)(1)(iii)(A) and (c)(1)(iii)(B), and 
49.160(c)(1)(i) through (c)(1)(iii), for true minor sources, an ``oil 
and natural gas source'' is part of the oil and natural gas sector. The 
oil and natural gas sector encompasses all operations in the extraction 
and production of oil and natural gas, as well as the processing, 
transmission and distribution of natural gas. Specifically for oil, the 
sector includes all operations from the well to the point of custody 
transfer at a petroleum refinery. For natural gas, the sector includes 
all operations from the well to the final end user. The oil and natural 
gas sector can generally be separated into four segments: (1) Oil and 
natural gas production; (2) natural gas processing; (3) natural gas 
transmission and storage; and (4) natural gas distribution.
    The oil and natural gas production segment includes the wells and 
all related processes used in the extraction, production, recovery, 
lifting, stabilization, and separation or treatment of oil and/or 
natural gas (including condensate). Production components may include, 
but are not limited to, wells and related casing head, tubing head and 
``Christmas tree'' piping, as well as pumps, compressors, heater 
treaters, separators, storage vessels, pneumatic devices and 
dehydrators. Production operations also include the well drilling, 
completion and workover processes and include all the portable non-
self-propelled apparatus associated with those operations. Production 
sites include not only the sites where the wells themselves are 
located, but also include stand-alone ``pads'' where oil, condensate, 
produced water, and natural gas from several wells may be separated, 
stored, and treated. The production segment also includes the low to 
medium pressure, smaller diameter, gathering pipelines and related 
components that collect and transport the oil, natural gas and other 
materials and wastes from the wells or well pads. We believe most true 
minor sources in the oil and natural gas sector that will need a minor 
NSR permit are in the oil and natural gas production segment.
    The natural gas production segment ends where the natural gas 
enters a processing plant. In situations where there is no processing 
plant, the natural gas production segment ends at the point where the 
natural gas enters the transmission segment for long-line transport. 
The crude oil production segment ends at the storage and load-out 
terminal which is used for transport of the crude oil to a petroleum 
refinery via trucks or railcars. The petroleum refinery is not 
considered a part of the oil and natural gas sector. Thus, with respect 
to crude oil, the oil and natural gas sector ends where crude oil 
enters the petroleum refinery.
    The second segment, natural gas processing, consists of separating 
certain hydrocarbons and fluids from the natural gas to produce 
``pipeline quality'' dry natural gas. Pipeline quality natural gas 
leaves the natural gas processing segment and enters the third segment, 
natural gas transmission and storage, which includes pipelines, 
reciprocating or centrifugal compressors, and underground storage 
facilities. The fourth segment is the natural gas distribution segment. 
Local distribution companies comprise the natural gas distribution 
segment and deliver natural gas to the final end user. As explained 
earlier in this comment response, we believe that most true minor 
sources that will need a minor NSR permit will be in the oil and 
natural gas production segment.
3. Protection of Air Quality in Indian Country During the Period of the 
Extension
    Comment: One commenter expressed concern that extending the 
permitting deadline may provide yet additional time for oil and natural 
gas sources to commence new operations or make modifications to 
existing sources without a permit. The commenter noted that the oil and 
gas sector is one of the most prolific sources in some areas of Indian 
country and it might not be beneficial to have so many unpermitted 
sources during the extension period. Another commenter asked how EPA 
will protect air quality in Indian country during the period of the 
extension.
    Response: EPA recognizes that extending the minor NSR permitting 
deadline for the oil and natural gas sector could have negative impacts 
on air quality in Indian country, because some sources will not have to 
install air pollution controls that might otherwise have been required. 
Such impacts should be minimized, because many new, modified and 
reconstructed sources in Indian country will have to meet the 
requirements of the Agency's oil and natural gas New Source

[[Page 34237]]

Performance Standard (NSPS).\8\ The NSPS covers most emission sources 
in the production segment of the oil and natural gas sector, including 
completions of hydraulically fractured gas wells, storage vessels, 
compressors, and pneumatic controllers. Sources constructed, modified 
or reconstructed after August 23, 2011, must comply with the 
requirements of the NSPS. The NSPS will be fully implemented in 2015. 
Thus, the NSPS will help protect air quality during the extension. 
Moreover, the permitting extension applies only to true minor sources; 
the requirement that major sources and synthetic minor sources obtain 
pre-construction permits in Indian country is not affected.
---------------------------------------------------------------------------

    \8\ See 40 CFR part 60, subpart OOOO, ``Standards of Performance 
for Crude Oil and Natural Gas Production, Transmission, and 
Distribution.''
---------------------------------------------------------------------------

    EPA does not have the necessary resources to deal with the 
anticipated number of site-specific permit applications that would be 
submitted between the current September 2, 2014, deadline and the date 
by which we are able to issue a FIP, general permit or other 
streamlined mechanism for the permitting of true minor sources in the 
oil and natural gas sector. This could result in significant delays in 
construction of oil and natural gas sources in Indian country. 
Commenters representing both tribes and industry expressed concerns 
about the negative impacts of delays in obtaining permits.
    The permitting extension also gives us an opportunity to coordinate 
among all of the ongoing efforts to better manage the regulatory 
challenges posed by this large, rapidly growing, complex sector. Three 
activities are highlighted here. First, as previously mentioned, we 
have promulgated an NSPS regulation for this source category \9\ that 
applies directly to new, modified, and reconstructed sources in the 
industry and requires emission controls for some sources. These 
requirements are independent of any NSR permit. Second, on April 15, 
2014, we released several technical white papers for peer review that 
address emerging data on volatile organic compounds and methane 
emissions from certain sources in the oil and natural gas sector, as 
well as techniques for mitigating those emissions.\10\ These white 
papers, and the comments they elicit, will help us solidify our 
understanding of the sector and will help inform future policy 
decisions as we consider potential voluntary and regulatory approaches. 
Third, we are working to improve our emissions inventory and emissions 
factors for the oil and natural gas sector. These improvements will 
allow us to better assess the potential impacts of increased 
production.
---------------------------------------------------------------------------

    \9\ See 40 CFR part 60, subpart OOOO, ``Standards of Performance 
for Crude Oil and Natural Gas Production, Transmission, and 
Distribution.''
    \10\ The white papers can be found at https://www.epa.gov/airquality/oilandgas.
---------------------------------------------------------------------------

    An extension to the permitting deadline also gives us time to 
evaluate public comments on the ANPR (discussed in Unit III.), 
including comments that address whether EPA should cover existing 
sources in an oil and natural gas FIP. Covering existing oil and 
natural gas sources in a FIP, if we decide to do so, could allow us to 
better manage emissions increases in those areas of Indian country that 
exceed, or are close to exceeding, the ozone National Ambient Air 
Quality Standards (NAAQS) because of emissions from the oil and natural 
gas sector. This could also ensure greater consistency with the 
requirements in minor NSR permits previously issued by surrounding 
states.

D. Registration

    Comment: Two commenters supported the proposed change to the 
registration date for true minor sources in the oil and natural gas 
sector. We did not receive any adverse comments on the proposed change.
    Response: We changed the registration date for true minor sources 
in the oil and natural gas sector to be consistent with the permitting 
deadline of March 2, 2016.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993) 
and is therefore not subject to review under Executive Orders 12866 and 
13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq. The action will not create any new requirements under the Indian 
Country Minor NSR Program, but rather extends permitting and 
registration deadlines for true minor sources in the oil and natural 
gas sector, potentially reducing burden. However, the Office of 
Management and Budget (OMB) has previously approved the information 
collection requirements contained in the existing regulations for the 
Indian Country Minor NSR Program (40 CFR 49.151 through 49.161) under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., 
and has assigned OMB control number 2060-0003. The OMB control numbers 
for the EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedures 
Act or any other statute unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations 
and small governmental jurisdictions.
    For purposes of assessing the impacts of this final action on small 
entities, small entity is defined as: (1) A small business as defined 
in the U.S. Small Business Administration size standards at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; or (3) a small organization that is any 
not-for-profit enterprise that is independently owned and operated and 
is not dominant in its field.
    After considering the economic impacts of this final action on 
small entities, I certify that this final action will not have a 
significant economic impact on a substantial number of small entities. 
In determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analysis is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604. 
Thus, an agency may certify that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, or otherwise has a positive economic 
effect, on all of the small entities subject to the rule.
    This final action will not create any new requirements under the 
Indian Country Minor NSR Program. It merely extends the permit and 
registration deadlines for true minor sources in the oil and natural 
gas sector in Indian country. Therefore, it would not impose any 
additional burden on any sources

[[Page 34238]]

(including small entities). We have therefore concluded that this final 
rule will be neutral or relieve the regulatory burden for all affected 
small entities.

D. Unfunded Mandates Reform Act

    This action contains no federal mandate under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for state, local or tribal governments in the aggregate, or 
the private sector in any 1 year. This action will not create any new 
requirements under the Indian Country Minor NSR Program, but rather 
extends the permitting and registration deadlines for true minor 
sources in the oil and natural gas sector in Indian country. Therefore, 
this action is not subject to the requirements of sections 202 or 205 
of UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. As noted 
previously, the effect of this final rule will be neutral or relieve 
regulatory burden.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This final rule will revise the 
Indian Country Minor NSR Program, which applies only in Indian country, 
and will not, therefore, affect the relationship between the national 
government and the states or the distribution of power and 
responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Subject to the Executive Order 13175 (65 FR 67249, November 9, 
2000), EPA may not issue a regulation that has tribal implications, 
that imposes substantial direct compliance costs and that is not 
required by statute, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by tribal 
governments or EPA consults with tribal officials early in the process 
of developing the proposed regulation and develops a tribal summary 
impact statement.
    EPA has concluded that this final rule will have tribal 
implications. However, it will neither impose substantial direct 
compliance costs on tribal governments, nor preempt tribal law. This 
final rule will have tribal implications since it revises the Indian 
Country Minor NSR Program, which applies to both tribally-owned and 
privately-owned sources in Indian country. As with the existing rule, 
the revised rule will be implemented by EPA, or a delegate tribal 
agency assisting EPA with administration of the rules, until replaced 
by an EPA-approved tribal implementation plan. The effect of this final 
rule will be to extend the permitting and registration deadlines for 
true minor sources in the oil and natural gas sector.
    EPA coordinated with tribal environmental professionals on the 
development of the ``General Permits and Permits by Rule for the 
Federal Minor New Source Review Program in Indian Country'' proposed 
rule, including the proposed amendments to extend the permitting and 
registration deadlines for true minor sources in the oil and natural 
gas sector located in Indian country. The coordination consisted of 
participating in monthly teleconferences. Specifically, on December 19, 
2013, we presented an overview of the proposal and welcomed feedback 
and questions. On March 4, 2014, we met with representatives of the Ute 
Indian Tribe to hear their concerns regarding the proposed rule. On 
December 16, 2013, EPA mailed letters to over 600 tribal leaders to 
offer consultation. To assist tribes in deciding whether to accept our 
offer of consultation, we held a conference call on January 6, 2014, 
during which EPA provided an overview of the proposed changes and 
answered questions. We did not receive any requests for consultation 
from tribal governments in response to our letters offering 
consultation. However, prior to mailing the consultation letters, EPA 
began consulting with two tribes. Senior EPA officials consulted with 
the elected Ute Indian Tribe tribal leader and other members of the Ute 
Indian Tribe, including business committee members, on August 27, 2013, 
September 12, 2013, March 4, 2014, and March 21, 2014. Senior EPA 
officials also consulted with the designated representatives of the 
elected leaders of the Ute Indian Tribe and the Three Affiliated Tribes 
on July 26, 2013.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it does not 
establish an environmental standard intended to mitigate health or 
safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures and business practices) that are developed or adopted by 
voluntary consensus standards bodies. The NTTAA directs EPA to provide 
Congress, through the OMB, explanations when the Agency decides not to 
use available and applicable voluntary consensus standards.
    This rulemaking does not involve technical standards. Therefore, 
EPA has not considered the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations. This final rule will 
extend the true minor source permit deadlines for oil and natural gas 
sources under the Indian Country Minor

[[Page 34239]]

NSR Program. EPA recognizes that this will result in some sources not 
installing air pollution controls that might otherwise have been 
required by a permit, but believes that any negative impacts on air 
quality associated with such activities will not be significant and 
that the practical need for the extension justifies any such impacts in 
the near term. Many new, modified and reconstructed sources in Indian 
country will have to meet the requirements of the Agency's oil and 
natural gas NSPS. The NSPS covers most emission sources in the 
production segment of the oil and natural gas sector, including 
completions of hydraulically fractured gas wells, storage vessels, 
compressors, and pneumatic controllers. Sources constructed, modified 
or reconstructed after August 23, 2011, must comply with the 
requirements of the NSPS. The NSPS will be fully implemented in 2015. 
Thus, the NSPS will help protect air quality during the extension. 
Moreover, the permitting extension applies only to true minor sources; 
the requirement that major sources and synthetic minor sources obtain 
pre-construction permits in Indian country is not affected.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq, as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective July 16, 2014.

L. Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the District of Columbia Circuit by August 15, 2014. Any 
such judicial review is limited to only those objections that are 
raised with reasonable specificity in timely comments. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review, nor does it extend the time within which a petition for 
judicial review may be filed and shall not postpone the effectiveness 
of such rule or action. Under section 307(b)(2) of the Clean Air Act, 
the requirements of this final action may not be challenged later in 
civil or criminal proceedings brought by us to enforce these 
requirements.

VII. Statutory Authority

    The statutory authority for this action is provided by sections 
101, 110, 112, 114, 116 and 301 of the Clean Air Act as amended (42 
U.S.C. 7401, 7410, 7412, 7414, 7416 and 7601).

List of Subjects in 40 CFR Part 49

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Indians, Intergovernmental relations, Reporting 
and recordkeeping requirements.

    Dated: May 22, 2014.
Gina McCarthy,
Administrator.

    Therefore, 40 CFR part 49 is amended as follows:

PART 49--[AMENDED]

0
1. The authority citation for part 49 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

0
2. In Sec.  49.151, revise paragraphs (c)(1)(iii)(A) and (c)(1)(iii)(B) 
to read as follows:


Sec.  49.151  Program overview.

* * * * *
    (c) * * *
    (1) * * *
    (iii) * * * (A) If you own or operate an existing true minor source 
in Indian country (as defined in 40 CFR 49.152(d)), you must register 
your source with the reviewing authority in your area by March 1, 2013. 
If your true minor source is not an oil and natural gas source, and you 
commence construction after August 30, 2011, and before September 2, 
2014, you must also register your source with the reviewing authority 
in your area within 90 days after the source begins operation. If your 
true minor source is an oil and natural gas source, and you commence 
construction after August 30, 2011, and before March 2, 2016, you must 
register your source with the reviewing authority in your area within 
90 days after the source begins operation. You are exempt from these 
registration requirements if your true minor source is subject to Sec.  
49.138.
    (B) If your true minor source is not an oil and natural gas source 
and you wish to begin construction of a new true minor source or a 
modification at an existing true minor source on or after September 2, 
2014, you must first obtain a permit pursuant to Sec. Sec.  49.154 and 
49.155 (or a general permit pursuant to Sec.  49.156, if applicable). 
If your true minor source is an oil and natural gas source and you wish 
to begin construction of a new true minor source or a modification at 
an existing true minor source on or after March 2, 2016, you must first 
obtain a permit pursuant to Sec. Sec.  49.154 and 49.155 (or a general 
permit pursuant to Sec.  49.156, if applicable). The proposed new 
source or modification will also be subject to the registration 
requirements of Sec.  49.160, except for sources that are subject to 
Sec.  49.138.
* * * * *

0
3. In Sec.  49.160, revise paragraphs (c)(1)(i), (c)(1)(ii), and 
(c)(1)(iii) to read as follows:


Sec.  49.160  Registration program for minor sources in Indian country.

* * * * *
    (c) * * *
    (1) * * *
    (i) If you own or operate an existing true minor source (as defined 
in 40 CFR 49.152(d)), you must register your source with the reviewing 
authority by March 1, 2013.
    (ii) If your true minor source is not an oil and natural gas source 
and you commence construction after August 30, 2011, and before 
September 2, 2014, you must register your source with the reviewing 
authority within 90 days after the source begins operation. If your 
true minor source is an oil and natural gas source, and you commence 
construction after August 30, 2011, and before March 2, 2016, you must 
register your source with the reviewing authority within 90 days after 
the source begins operation.
    (iii) If your true minor source is not an oil and natural gas 
source, and you commence construction or modification of your source on 
or after September 2, 2014, and your source is subject to this rule, 
you must report your source's actual emissions (if available) as part 
of your permit application and your permit application information will 
be used to fulfill the registration requirements described in Sec.  
49.160(c)(2). If your true minor source is an oil and natural gas 
source, and you commence construction or modification of your source on 
or after March 2, 2016, and your source is subject to this rule, you 
must report your source's actual emissions (if available) as part of 
your permit application and your permit application information will be 
used to fulfill the

[[Page 34240]]

registration requirements described in Sec.  49.160(c)(2).
* * * * *
[FR Doc. 2014-14030 Filed 6-13-14; 8:45 am]
BILLING CODE 6560-50-P
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