Review of New Sources and Modifications in Indian Country Amendments to the Registration and Permitting Deadlines for True Minor Sources, 34231-34240 [2014-14030]
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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
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SUMMARY:
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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
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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:
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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
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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
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NSR Program, and, therefore, potentially
affected by this action. To determine
whether your facility is affected by this
action, you should examine the
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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
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(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,
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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
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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
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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