Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources: Three Month Stay of Certain Requirements, 27641-27645 [2017-12473]
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Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Proposed Rules
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or after 3 p.m.). We will attempt to
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2017/.
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contacting Wendy Macias, U.S.
Department of Education, 400 Maryland
Ave. SW., Room 6C111, Washington, DC
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email: Wendy.Macias@ed.gov.
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Program Authority: 20 U.S.C. 1098a.
Dated: June 13, 2017.
Kathleen A. Smith,
Acting Assistant Secretary for Postsecondary
Education.
[FR Doc. 2017–12555 Filed 6–14–17; 11:15 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2017–0346; FRL–9963–82–
OAR]
RIN 2060–AT65
Oil and Natural Gas Sector: Emission
Standards for New, Reconstructed,
and Modified Sources: Three Month
Stay of Certain Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to stay for
three months certain requirements that
are contained within the Final Rule
titled ‘‘Oil and Natural Gas Sector:
Emission Standards for New,
Reconstructed, and Modified Sources,’’
published in the Federal Register on
June 3, 2016 (2016 Rule). On June 5,
2017, the EPA published a notice that,
in accordance with the Clean Air Act
(CAA), the EPA stayed for three initial
months the fugitive emissions
requirements, well site pneumatic pump
SUMMARY:
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27641
standards, and requirements for
certification of closed vent systems by a
professional engineer. The EPA granted
reconsideration after considering
specific objections to these
requirements. In a separate notice
published today, the EPA is proposing
a stay for two years, providing the EPA
sufficient time to propose, take public
comment, and issue a final action on the
issues concerning the specific
requirements on which EPA has granted
reconsideration. The two-year proposed
stay published today, if finalized as
proposed, would likely be determined
to be a major rule under the
Congressional Review Act and therefore
will not take effect until sixty days after
publication or after Congress receives
the rule report, whichever is later.
Therefore, while the EPA intends to
complete that rulemaking and take final
action before the initial three-month
stay expires, there may potentially be a
gap between the two stays due to the
sixty-day delay in effectiveness of that
action. To avoid such a potential gap,
and the resulting confusion, in this
action the EPA is proposing a threemonth stay which would not qualify as
a major rule and could become effective
upon publication. The EPA prepared an
Economic Impact Analysis for this
proposal, which is available in Docket
ID EPA–HQ–OAR–2017–0346. The EPA
is seeking comment pertaining to this
stay and its duration. The EPA is also
seeking comment on if a four-month
stay may be more appropriate to ensure
continuity of the stay. The EPA is not
taking comment at this time on
substantive issues concerning these
requirements, or on any of the other
provisions subject to the
reconsideration.
DATES: Comments must be received on
or before July 17, 2017. If a hearing is
requested on this proposed rule, written
comments must be received on or before
August 9, 2017.
Public Hearing. A public hearing will
be held, if requested by June 21, 2017,
to accept oral comments on this
proposed action. If a hearing is
requested, it will be held at the EPA’s
Washington, DC campus located at 1201
Constitution Avenue NW., Washington,
DC. The hearing, if requested, will begin
at 9 a.m. (local time) and will conclude
at 4 p.m. (local time) on July 10, 2017.
To request a hearing, to register to speak
at a hearing, or to inquire if a hearing
will be held, please contact Aimee St.
Clair at (919) 541–1063 or by email at
stclair.aimee@epa.gov.
Any updates made to any aspect of
the hearing, including whether or not a
hearing will be held, will be posted
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online at https://www.epa.gov/
controlling-air-pollution-oil-andnatural-gas-industry/actions-andnotices-about-oil-and-naturalgas#regactions. In addition, you may
contact Aimee St. Clair at (919) 541–
1063 or email at stclair.aimee@epa.gov
with public hearing inquiries. The EPA
does not intend to publish a notice in
the Federal Register announcing any
such updates. Please go to https://
www.epa.gov/controlling-air-pollutionoil-and-natural-gas-industry/actionsand-notices-about-oil-and-naturalgas#regactions for more information on
the public hearing.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2017–0346, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mr.
Peter Tsirigotis, Sector Policies and
Programs Division (D205–01), Office of
Air Quality Planning and Standards,
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (888) 627–
7764; email address: airaction@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 3, 2016, the EPA published
a final rule titled ‘‘Oil and Natural Gas
Sector: Emission Standards for New,
Reconstructed, and Modified Sources;
Final Rule,’’ at 81 FR 35824 (‘‘2016
Rule’’). The 2016 Rule establishes new
source performance standards (NSPS)
for greenhouse gas emissions and
volatile organic compound (VOC)
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emissions from the oil and natural gas
sector. This rule addresses, among other
things, fugitive emissions at well sites
and compressor stations (‘‘fugitive
emissions requirements’’) and emissions
from pneumatic pumps. In addition, for
a number of affected facilities (i.e.,
centrifugal compressors, reciprocating
compressors, pneumatic pumps, and
storage vessels), the rule requires
certification by a professional engineer
of the closed vent system design and
capacity, as well as any technical
infeasibility determination relative to
controlling pneumatic pumps at well
sites. For further information on the
2016 Rule, see 81 FR 35824 (June 3,
2016) and associated Docket ID No.
EPA–HQ–OAR–2010–0505.
On August 2, 2016, a number of
interested parties submitted
administrative petitions to the EPA
seeking reconsideration of various
aspects of the 2016 Rule pursuant to
section 307(d)(7)(B) of the CAA (42
U.S.C. 7607(d)(7)(B)).1 Those petitions
include numerous objections relative to
the fugitive emissions requirements,
well site pneumatic pump standards,
and the requirements for certification by
professional engineer.
In accordance with section
307(d)(7)(B) of the CAA, the
Administrator shall convene a
reconsideration proceeding if, in the
Administrator’s judgment, the petitioner
raises an objection to a rule that was
impracticable to raise during the
comment period or if the grounds for
the objection arose after the comment
period but within the period for judicial
review, and the objection is of central
relevance to the outcome of the rule.
The Administrator may stay the
effectiveness of the rule for up to three
months during such reconsideration.
In a letter dated April 18, 2017, based
on the criteria in CAA section
307(d)(7)(B), the Administrator
convened a proceeding for
reconsideration of the following
objections relative to the fugitive
emissions requirements: (1) The process
and criteria for requesting and receiving
approval for the use of an alternative
means of emission limitations (AMEL)
for purposes of compliance with the
fugitive emissions requirements in the
2016 Rule; and (2) the applicability of
the fugitive emissions requirements to
low production well sites.2
After issuing the April 18, 2017,
letter, in a notice published June 5,
1 Copies of these petitions are included in the
docket for the 2016 Rule, Docket ID No. EPA–HQ–
OAR–2010–0505.
2 See Docket ID No. EPA–HQ–OAR–2010–0505–
7730.
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2017, the EPA identified objections to
two other aspects of the 2016 Rule that
meet the criteria for reconsideration
under section 307(d)(7)(B) of the CAA.
These objections relate to (1) the
requirements for certification of closed
vent system by professional engineer
(‘‘PE certification requirement’’); and (2)
the well site pneumatic pump
standards. As part of the administrative
reconsideration proceeding, the EPA
will prepare a notice of proposed
rulemaking that will provide the
petitioners and the public an
opportunity to comment on the fugitive
emissions requirements, well site
pneumatic pump standards, and the
requirements for certification by
professional engineer, and the issues
associated with these requirements.
In the notice published June 5, 2017,
the EPA stayed the fugitive emissions
requirements, the well site pneumatic
pumps requirements, and the
requirements for certification of closed
vent system by professional engineer for
three months pursuant to section
307(d)(7)(B) of the CAA. That initial
stay is effective from June 2, 2017, to
August 31, 2017. When we have issued
similar stays in the past, it has often
been our practice to also propose a
longer stay through a rulemaking
process. See, e.g., 74 FR 36427 (July 23,
2009).
In a separate action published today,
the EPA is proposing to stay these
requirements for two years. This
proposed two-year stay will provide the
EPA with sufficient time to propose,
take public comment, and issue a final
action on the issues concerning the
specific requirements on which EPA has
granted reconsideration. During the two
year proposed stay, the EPA also plans
to complete its reconsideration process
for all remaining issues raised in these
reconsideration petitions regarding
fugitive emissions, pneumatic pumps,
and certification by professional
engineer requirements. For the reasons
stated below, in this document the EPA
is issuing a proposal to stay these
requirements for three months. This stay
would take effect upon the date of
publication of the final rule in the
Federal Register.
II. The Proposed Action
The two-year proposed stay published
today, if finalized as proposed, would
likely be determined to be a major rule
under the Congressional Review Act
and therefore under section 801 of that
Act may not take effect until sixty days
after publication or after Congress
receives the rule report, whichever is
later.
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Therefore, while the EPA intends take
final action on that rulemaking before
the initial three-month stay of these
requirements expires, there could
potentially be a gap in the stay due to
the sixty-day delay in the effectiveness
of that action. Such a gap would create
unnecessary burden and confusion as to
what regulatory requirements are in
effect and what regulated entities must
do during the reconsideration
proceeding. Therefore, to avoid such a
potential gap, in this document the EPA
is proposing a three-month stay, which
is not a major rule under the CRA and
could become effective upon
publication. The EPA intends to publish
the final rule on or before the expiration
of the initial three-month stay.
Note that we are not taking comment
at this time on substantive issues
concerning these requirements, or on
any of the other provisions subject to
the reconsideration. This notice simply
proposes to stay the specified
requirements for three months. The EPA
is seeking comment pertaining to this
stay and its duration. Given the
importance of not introducing a gap in
the stay, the EPA is also requesting
comment on whether a four-month stay
may be appropriate. A separate Federal
Register notice published in the near
future will specifically solicit comment
on substantive issues concerning these
requirements.
III. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
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A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is a significant regulatory
action that was submitted to the Office
of Management and Budget (OMB) for
review because it raises novel legal or
policy issues. Any changes made in
response to OMB recommendations
have been documented in the docket.
B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. OMB has previously approved the
information collection activities
contained in the existing 40 CFR part
60, subpart OOOO and has assigned
OMB control number 2060–0673. The
information collection requirements in
the final 40 CFR 60, subpart OOOOa
have been submitted for approval to the
OMB under the PRA. The Information
Collection Request (ICR) document
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prepared by EPA has been assigned EPA
ICR 2523.01. This action does not result
in changes to the approved ICR for
subpart OOOO or the submitted ICR for
subpart OOOOa, so the information
collection estimates of project cost and
hour burdens have not been revised.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. In making this
determination, the impact of concern is
any significant adverse economic
impact on small entities. 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, has
no net burden or otherwise has a
positive economic effect on the small
entities subject to the rule. This action
proposes a limited stay for certain
requirements. This proposed stay will
not increase the burden on small
entities subject to this rule. The EPA
prepared a final RFA analysis for the
2016 Rule, which is available as part of
the Regulatory Impact Analysis in the
docket at Docket ID No. EPA–HQ–OAR–
2010–0505–7630. We have therefore
concluded that this action will have no
net regulatory burden for all directly
regulated small entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
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.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175. It will not have substantial
direct effects on tribal governments, on
the relationship between the federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the federal
government and Indian tribes, as
specified in Executive Order 13175.
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27643
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is subject to Executive
Order 13045 because it is a significant
regulatory action as defined by
Executive Order 12866, and the EPA
believes that the environmental health
or safety risk addressed by this action
may have a disproportionate effect on
children. Because this action merely
proposes to delay action and does not
change the requirements of the final
rule, this action will not change any
impacts of the rule when it is fully
implemented. Any impacts on
children’s health caused by the delay in
the rule will be limited, because the
length of the proposed stay is limited.
The agency therefore believes it is more
appropriate to consider the impact on
children’s health in the context of any
substantive changes proposed as part of
reconsideration.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not a ‘‘significant
energy action’’ because it is not likely to
have a significant adverse effect on the
supply, distribution or use of energy.
The basis for this determination can be
found in the 2016 Rule (81 FR 35894).
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Because this action merely proposes
to delay action and does not change the
requirements of the final rule, this
action will not change any impacts of
the rule when it is fully implemented.
Any impacts on minority populations
and low-income populations caused by
the delay in the rule will be limited,
because the length of the proposed stay
is limited. The agency therefore believes
it is more appropriate to consider the
impact on minority populations and
low-income populations in the context
of any substantive changes proposed as
part of reconsideration.
List of Subjects in 40 CFR Part 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, Reporting and
recordkeeping.
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Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Proposed Rules
Dated: June 12, 2017.
E. Scott Pruitt,
Administrator.
PART 60—STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart OOOOa—[AMENDED]
2. Section 60.5393a is amended by:
a. Staying paragraphs (b) and (c) from
[DATE OF PUBLICATION OF FINAL
RULE IN THE Federal Register] until
[DATE 90 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN
THE Federal Register]; and
b. Adding paragraph (f).
The addition reads as follows:
■
■
§ 60.5393a What GHG and VOC standards
apply to pneumatic pump affected
facilities?
*
*
*
*
*
(f) Pneumatic pumps at a well site are
not subject to the requirements of
paragraphs (d) and (e) of this section
from [DATE OF PUBLICATION OF
FINAL RULE IN THE Federal Register]
until [DATE 90 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN
THE Federal Register].
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§ 60.5397a
[AMENDED]
3. Section 60.5397a is stayed from
[DATE OF PUBLICATION OF FINAL
RULE IN THE Federal Register] until
[DATE 90 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN
THE Federal Register].
4. Section 60.5410a is amended by:
a. Staying paragraphs (e)(2) through
(5) from [DATE OF PUBLICATION OF
FINAL RULE IN THE Federal Register]
until [DATE 90 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN
THE Federal Register];
b. Adding paragraph (e)(8); and
c. Staying paragraph (j) from [DATE
OF PUBLICATION OF FINAL RULE IN
THE Federal Register] until [DATE 90
DAYS AFTER DATE OF PUBLICATION
OF FINAL RULE IN THE Federal
Register].
The addition reads as follows:
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§ 60.5415a How do I demonstrate
continuous compliance with the standards
for my well, centrifugal compressor,
reciprocating compressor, pneumatic
controller, pneumatic pump, storage vessel,
collection of fugitive emissions
components at a well site, and collection of
fugitive emissions components at a
compressor station affected facilities, and
affected facilities at onshore natural gas
processing plants?
*
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is proposed to be
amended as follows:
§ 60.5410a How do I demonstrate initial
compliance with the standards for my well,
centrifugal compressor, reciprocating
compressor, pneumatic controller,
pneumatic pump, storage vessel, collection
of fugitive emissions components at a well
site, collection of fugitive emissions
components at a compressor station, and
equipment leaks and sweetening unit
affected facilities at onshore natural gas
processing plants?
*
*
*
*
*
(e) * * *
(8) Pneumatic pump affected facilities
at a well are not subject to the
requirements of paragraphs (e)(6) and
(7) of this section from [DATE OF
PUBLICATION OF FINAL RULE IN
THE Federal Register] until [DATE 90
DAYS AFTER DATE OF PUBLICATION
OF FINAL RULE IN THE Federal
Register].
*
*
*
*
*
■ 5. Section 60.5411a is amended by:
■ a. Revising the introductory text;
■ b. Staying paragraph (d) from [DATE
OF PUBLICATION OF FINAL RULE IN
THE Federal Register] until [DATE 90
DAYS AFTER DATE OF PUBLICATION
OF FINAL RULE IN THE Federal
Register]; and
■ c. Adding paragraph (e).
The revision and addition read as
follows:
§ 60.5411a What additional requirements
must I meet to determine initial compliance
for my covers and closed vent systems
routing emissions from centrifugal
compressor wet seal fluid degassing
systems, reciprocating compressors,
pneumatic pumps and storage vessels?
You must meet the applicable
requirements of this section for each
cover and closed vent system used to
comply with the emission standards for
your centrifugal compressor wet seal
degassing systems, reciprocating
compressors, pneumatic pumps and
storage vessels except as provided in
paragraph (e) of this section.
*
*
*
*
*
(e) Pneumatic pump affected facilities
at a well site are not subject to the
requirements of paragraph (a) of this
section from [DATE OF PUBLICATION
OF FINAL RULE IN THE Federal
Register] until [DATE 90 DAYS AFTER
DATE OF PUBLICATION OF FINAL
RULE IN THE Federal Register].
6. Section 60.5415a is amended by:
a. Revising paragraph (b) introductory
text and adding paragraph (b)(4); and
b. Staying paragraph (h) from [DATE
OF PUBLICATION OF FINAL RULE IN
THE Federal Register] until [DATE 90
DAYS AFTER DATE OF PUBLICATION
OF FINAL RULE IN THE Federal
Register].
The revision and addition read as
follows:
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*
*
*
*
(b) For each centrifugal compressor
affected facility and each pneumatic
pump affected facility, you must
demonstrate continuous compliance
according to paragraph (b)(3) of this
section except as provided in paragraph
(b)(4) of this section. For each
centrifugal compressor affected facility,
you also must demonstrate continuous
compliance according to paragraphs
(b)(1) and (2) of this section.
*
*
*
*
*
(4) Pneumatic pump affected facilities
at a well site are not subject to the
requirements of paragraph (b)(3) of this
section from [DATE OF PUBLICATION
OF FINAL RULE IN THE Federal
Register] until [DATE 90 DAYS AFTER
DATE OF PUBLICATION OF FINAL
RULE IN THE Federal Register].
*
*
*
*
*
7. Section 60.5416a is amended by
revising the introductory text and
adding paragraph (d) to read as follows:
§ 60.5416a What are the initial and
continuous cover and closed vent system
inspection and monitoring requirements for
my centrifugal compressor, reciprocating
compressor, pneumatic pump, and storage
vessel affected facilities?
For each closed vent system or cover
at your storage vessel, centrifugal
compressor, reciprocating compressor
and pneumatic pump affected facilities,
you must comply with the applicable
requirements of paragraphs (a) through
(c) of this section, except as provided in
paragraph (d) of this section.
*
*
*
*
*
(d) Pneumatic pump affected facilities
at a well site are not subject to the
requirements of paragraphs (a) and (b) of
this section from [DATE OF
PUBLICATION OF FINAL RULE IN
THE Federal Register] until [DATE 90
DAYS AFTER DATE OF PUBLICATION
OF FINAL RULE IN THE Federal
Register].
8. Section 60.5420a is amended by:
a. Revising paragraph (b) introductory
text;
b. Staying paragraphs (b)(7), (8), and
(12) from [DATE OF PUBLICATION OF
FINAL RULE IN THE Federal Register]
until [DATE 90 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN
THE Federal Register];
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Federal Register / Vol. 82, No. 115 / Friday, June 16, 2017 / Proposed Rules
c. Adding paragraph (b)(13); and
d. Staying paragraphs (c)(15) through
(17) from [DATE OF PUBLICATION OF
FINAL RULE IN THE Federal Register]
until [DATE 90 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN
THE Federal Register].
The revision and addition read as
follows:
§ 60.5420a What are my notification,
reporting, and recordkeeping
requirements?
nlaroche on DSK30NT082PROD with PROPOSALS
*
*
*
*
*
(b) Reporting requirements. You must
submit annual reports containing the
information specified in paragraphs
(b)(1) through (8) and (12) of this section
and performance test reports as
specified in paragraph (b)(9) or (10) of
this section, if applicable, except as
provided in paragraph (b)(13) of this
section. You must submit annual reports
following the procedure specified in
paragraph (b)(11) of this section. The
initial annual report is due no later than
90 days after the end of the initial
compliance period as determined
according to § 60.5410a. Subsequent
annual reports are due no later than
same date each year as the initial annual
report. If you own or operate more than
one affected facility, you may submit
one report for multiple affected facilities
provided the report contains all of the
information required as specified in
paragraphs (b)(1) through (8) of this
section, except as provided in paragraph
(b)(13) of this section. Annual reports
may coincide with title V reports as long
as all the required elements of the
annual report are included. You may
arrange with the Administrator a
common schedule on which reports
required by this part may be submitted
as long as the schedule does not extend
the reporting period.
*
*
*
*
*
(13) The collection of fugitive
emissions components at a well site (as
defined in § 60.5430a), the collection of
fugitive emissions components at a
compressor station (as defined in
§ 60.5430a), and pneumatic pump
affected facilities at a well site (as
defined in § 60.5365a(h)(2)) are not
subject to the requirements of paragraph
(b)(1) of this section from [DATE OF
PUBLICATION OF FINAL RULE IN
THE Federal Register] until [DATE 90
DAYS AFTER DATE OF PUBLICATION
OF FINAL RULE IN THE Federal
Register].
*
*
*
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*
[FR Doc. 2017–12473 Filed 6–15–17; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
14:13 Jun 15, 2017
Jkt 241001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2010–0505; FRL–9963–36–
OAR]
RIN 2060–AT59
Oil and Natural Gas Sector: Emission
Standards for New, Reconstructed,
and Modified Sources: Stay of Certain
Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to stay for
two years certain requirements that are
contained within the Final Rule titled
‘‘Oil and Natural Gas Sector: Emission
Standards for New, Reconstructed, and
Modified Sources,’’ published in the
Federal Register on June 3, 2016 (2016
Rule). On June 5, 2017, the EPA
published a notice that it stayed for
three months the; fugitive emissions
requirements, well site pneumatic pump
standards, and the requirements for
certification of closed vent systems by a
professional engineer in accordance
with the Clean Air Act (CAA). The EPA
has granted reconsideration based on
specific objections to these
requirements. The proposed stay
discussed in this action, which follows
the three-month stay, would provide the
EPA sufficient time to propose, take
public comment, and issue a final action
on the issues concerning the specific
requirements on which EPA has granted
reconsideration. During this time, the
EPA also plans to complete its
reconsideration process for all
remaining issues raised in these
reconsideration petitions regarding
fugitive emissions, pneumatic pumps,
and certification by professional
engineer requirements. The EPA
acknowledges that the administrative
reconsideration petitions include
additional issues regarding these three
requirements other than the issues for
which we specifically have granted
reconsideration. In addition, since the
publication of the 2016 Rule, the EPA
has received numerous questions
relative to the implementation of these
three requirements. During the
reconsideration proceeding, the EPA
intends to look broadly at the entire
2016 Rule. The EPA believes that
addressing all of these issues at the
same time would provide clarity and
certainty for the public and the
regulated community with regard to
these requirements. The EPA is seeking
SUMMARY:
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
27645
comment pertaining to this stay and its
duration and impact. The EPA is not
taking comment at this time on
substantive issues concerning these
requirements, or on any of the other
provisions subject to the
reconsideration.
DATES: Comments must be received on
or before July 17, 2017. If a hearing is
requested on this proposed rule, written
comments must be received on or before
August 9, 2017.
Public Hearing. A public hearing will
be held, if requested by June 21, 2017,
to accept oral comments on this
proposed action. If a hearing is
requested, it will be held at the EPA’s
Washington, DC campus located at 1201
Constitution Avenue NW., Washington,
DC. The hearing, if requested, will begin
at 9 a.m. (local time) and will conclude
at 4 p.m. (local time) on July 10, 2017.
To request a hearing, to register to speak
at a hearing, or to inquire if a hearing
will be held, please contact Aimee St.
Clair at (919) 541–1063 or by email at
stclair.aimee@epa.gov.
Any updates made to any aspect of
the hearing, including whether or not a
hearing will be held, will be posted
online at https://www.epa.gov/
controlling-air-pollution-oil-andnatural-gas-industry/actions-andnotices-about-oil-and-naturalgas#regactions. In addition, you may
contact Aimee St. Clair at (919) 541–
1063 or email at stclair.aimee@epa.gov
with public hearing inquiries. The EPA
does not intend to publish a notice in
the Federal Register announcing any
such updates. Please go to https://
www.epa.gov/controlling-air-pollutionoil-and-natural-gas-industry/actionsand-notices-about-oil-and-naturalgas#regactions for more information on
the public hearing.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2010–0505, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
E:\FR\FM\16JNP1.SGM
16JNP1
Agencies
[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Proposed Rules]
[Pages 27641-27645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12473]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2017-0346; FRL-9963-82-OAR]
RIN 2060-AT65
Oil and Natural Gas Sector: Emission Standards for New,
Reconstructed, and Modified Sources: Three Month Stay of Certain
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to stay
for three months certain requirements that are contained within the
Final Rule titled ``Oil and Natural Gas Sector: Emission Standards for
New, Reconstructed, and Modified Sources,'' published in the Federal
Register on June 3, 2016 (2016 Rule). On June 5, 2017, the EPA
published a notice that, in accordance with the Clean Air Act (CAA),
the EPA stayed for three initial months the fugitive emissions
requirements, well site pneumatic pump standards, and requirements for
certification of closed vent systems by a professional engineer. The
EPA granted reconsideration after considering specific objections to
these requirements. In a separate notice published today, the EPA is
proposing a stay for two years, providing the EPA sufficient time to
propose, take public comment, and issue a final action on the issues
concerning the specific requirements on which EPA has granted
reconsideration. The two-year proposed stay published today, if
finalized as proposed, would likely be determined to be a major rule
under the Congressional Review Act and therefore will not take effect
until sixty days after publication or after Congress receives the rule
report, whichever is later. Therefore, while the EPA intends to
complete that rulemaking and take final action before the initial
three-month stay expires, there may potentially be a gap between the
two stays due to the sixty-day delay in effectiveness of that action.
To avoid such a potential gap, and the resulting confusion, in this
action the EPA is proposing a three-month stay which would not qualify
as a major rule and could become effective upon publication. The EPA
prepared an Economic Impact Analysis for this proposal, which is
available in Docket ID EPA-HQ-OAR-2017-0346. The EPA is seeking comment
pertaining to this stay and its duration. The EPA is also seeking
comment on if a four-month stay may be more appropriate to ensure
continuity of the stay. The EPA is not taking comment at this time on
substantive issues concerning these requirements, or on any of the
other provisions subject to the reconsideration.
DATES: Comments must be received on or before July 17, 2017. If a
hearing is requested on this proposed rule, written comments must be
received on or before August 9, 2017.
Public Hearing. A public hearing will be held, if requested by June
21, 2017, to accept oral comments on this proposed action. If a hearing
is requested, it will be held at the EPA's Washington, DC campus
located at 1201 Constitution Avenue NW., Washington, DC. The hearing,
if requested, will begin at 9 a.m. (local time) and will conclude at 4
p.m. (local time) on July 10, 2017. To request a hearing, to register
to speak at a hearing, or to inquire if a hearing will be held, please
contact Aimee St. Clair at (919) 541-1063 or by email at
stclair.aimee@epa.gov.
Any updates made to any aspect of the hearing, including whether or
not a hearing will be held, will be posted
[[Page 27642]]
online at https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry/actions-and-notices-about-oil-and-natural-gas#regactions. In addition, you may contact Aimee St. Clair at (919)
541-1063 or email at stclair.aimee@epa.gov with public hearing
inquiries. The EPA does not intend to publish a notice in the Federal
Register announcing any such updates. Please go to https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry/actions-and-notices-about-oil-and-natural-gas#regactions for more information on
the public hearing.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2017-0346, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the Web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mr. Peter Tsirigotis, Sector Policies
and Programs Division (D205-01), Office of Air Quality Planning and
Standards, Environmental Protection Agency, Research Triangle Park,
North Carolina 27711; telephone number: (888) 627-7764; email address:
airaction@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 3, 2016, the EPA published a final rule titled ``Oil and
Natural Gas Sector: Emission Standards for New, Reconstructed, and
Modified Sources; Final Rule,'' at 81 FR 35824 (``2016 Rule''). The
2016 Rule establishes new source performance standards (NSPS) for
greenhouse gas emissions and volatile organic compound (VOC) emissions
from the oil and natural gas sector. This rule addresses, among other
things, fugitive emissions at well sites and compressor stations
(``fugitive emissions requirements'') and emissions from pneumatic
pumps. In addition, for a number of affected facilities (i.e.,
centrifugal compressors, reciprocating compressors, pneumatic pumps,
and storage vessels), the rule requires certification by a professional
engineer of the closed vent system design and capacity, as well as any
technical infeasibility determination relative to controlling pneumatic
pumps at well sites. For further information on the 2016 Rule, see 81
FR 35824 (June 3, 2016) and associated Docket ID No. EPA-HQ-OAR-2010-
0505.
On August 2, 2016, a number of interested parties submitted
administrative petitions to the EPA seeking reconsideration of various
aspects of the 2016 Rule pursuant to section 307(d)(7)(B) of the CAA
(42 U.S.C. 7607(d)(7)(B)).\1\ Those petitions include numerous
objections relative to the fugitive emissions requirements, well site
pneumatic pump standards, and the requirements for certification by
professional engineer.
---------------------------------------------------------------------------
\1\ Copies of these petitions are included in the docket for the
2016 Rule, Docket ID No. EPA-HQ-OAR-2010-0505.
---------------------------------------------------------------------------
In accordance with section 307(d)(7)(B) of the CAA, the
Administrator shall convene a reconsideration proceeding if, in the
Administrator's judgment, the petitioner raises an objection to a rule
that was impracticable to raise during the comment period or if the
grounds for the objection arose after the comment period but within the
period for judicial review, and the objection is of central relevance
to the outcome of the rule. The Administrator may stay the
effectiveness of the rule for up to three months during such
reconsideration.
In a letter dated April 18, 2017, based on the criteria in CAA
section 307(d)(7)(B), the Administrator convened a proceeding for
reconsideration of the following objections relative to the fugitive
emissions requirements: (1) The process and criteria for requesting and
receiving approval for the use of an alternative means of emission
limitations (AMEL) for purposes of compliance with the fugitive
emissions requirements in the 2016 Rule; and (2) the applicability of
the fugitive emissions requirements to low production well sites.\2\
---------------------------------------------------------------------------
\2\ See Docket ID No. EPA-HQ-OAR-2010-0505-7730.
---------------------------------------------------------------------------
After issuing the April 18, 2017, letter, in a notice published
June 5, 2017, the EPA identified objections to two other aspects of the
2016 Rule that meet the criteria for reconsideration under section
307(d)(7)(B) of the CAA. These objections relate to (1) the
requirements for certification of closed vent system by professional
engineer (``PE certification requirement''); and (2) the well site
pneumatic pump standards. As part of the administrative reconsideration
proceeding, the EPA will prepare a notice of proposed rulemaking that
will provide the petitioners and the public an opportunity to comment
on the fugitive emissions requirements, well site pneumatic pump
standards, and the requirements for certification by professional
engineer, and the issues associated with these requirements.
In the notice published June 5, 2017, the EPA stayed the fugitive
emissions requirements, the well site pneumatic pumps requirements, and
the requirements for certification of closed vent system by
professional engineer for three months pursuant to section 307(d)(7)(B)
of the CAA. That initial stay is effective from June 2, 2017, to August
31, 2017. When we have issued similar stays in the past, it has often
been our practice to also propose a longer stay through a rulemaking
process. See, e.g., 74 FR 36427 (July 23, 2009).
In a separate action published today, the EPA is proposing to stay
these requirements for two years. This proposed two-year stay will
provide the EPA with sufficient time to propose, take public comment,
and issue a final action on the issues concerning the specific
requirements on which EPA has granted reconsideration. During the two
year proposed stay, the EPA also plans to complete its reconsideration
process for all remaining issues raised in these reconsideration
petitions regarding fugitive emissions, pneumatic pumps, and
certification by professional engineer requirements. For the reasons
stated below, in this document the EPA is issuing a proposal to stay
these requirements for three months. This stay would take effect upon
the date of publication of the final rule in the Federal Register.
II. The Proposed Action
The two-year proposed stay published today, if finalized as
proposed, would likely be determined to be a major rule under the
Congressional Review Act and therefore under section 801 of that Act
may not take effect until sixty days after publication or after
Congress receives the rule report, whichever is later.
[[Page 27643]]
Therefore, while the EPA intends take final action on that
rulemaking before the initial three-month stay of these requirements
expires, there could potentially be a gap in the stay due to the sixty-
day delay in the effectiveness of that action. Such a gap would create
unnecessary burden and confusion as to what regulatory requirements are
in effect and what regulated entities must do during the
reconsideration proceeding. Therefore, to avoid such a potential gap,
in this document the EPA is proposing a three-month stay, which is not
a major rule under the CRA and could become effective upon publication.
The EPA intends to publish the final rule on or before the expiration
of the initial three-month stay.
Note that we are not taking comment at this time on substantive
issues concerning these requirements, or on any of the other provisions
subject to the reconsideration. This notice simply proposes to stay the
specified requirements for three months. The EPA is seeking comment
pertaining to this stay and its duration. Given the importance of not
introducing a gap in the stay, the EPA is also requesting comment on
whether a four-month stay may be appropriate. A separate Federal
Register notice published in the near future will specifically solicit
comment on substantive issues concerning these requirements.
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review because it
raises novel legal or policy issues. Any changes made in response to
OMB recommendations have been documented in the docket.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing 40 CFR part 60, subpart OOOO and
has assigned OMB control number 2060-0673. The information collection
requirements in the final 40 CFR 60, subpart OOOOa have been submitted
for approval to the OMB under the PRA. The Information Collection
Request (ICR) document prepared by EPA has been assigned EPA ICR
2523.01. This action does not result in changes to the approved ICR for
subpart OOOO or the submitted ICR for subpart OOOOa, so the information
collection estimates of project cost and hour burdens have not been
revised.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. 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, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This action proposes a limited stay for
certain requirements. This proposed stay will not increase the burden
on small entities subject to this rule. The EPA prepared a final RFA
analysis for the 2016 Rule, which is available as part of the
Regulatory Impact Analysis in the docket at Docket ID No. EPA-HQ-OAR-
2010-0505-7630. We have therefore concluded that this action will have
no net regulatory burden for all directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, on the relationship between the federal government
and Indian tribes, or on the distribution of power and responsibilities
between the federal government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is subject to Executive Order 13045 because it is a
significant regulatory action as defined by Executive Order 12866, and
the EPA believes that the environmental health or safety risk addressed
by this action may have a disproportionate effect on children. Because
this action merely proposes to delay action and does not change the
requirements of the final rule, this action will not change any impacts
of the rule when it is fully implemented. Any impacts on children's
health caused by the delay in the rule will be limited, because the
length of the proposed stay is limited. The agency therefore believes
it is more appropriate to consider the impact on children's health in
the context of any substantive changes proposed as part of
reconsideration.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. The basis for this determination can be
found in the 2016 Rule (81 FR 35894).
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Because this action merely proposes to delay action and does not
change the requirements of the final rule, this action will not change
any impacts of the rule when it is fully implemented. Any impacts on
minority populations and low-income populations caused by the delay in
the rule will be limited, because the length of the proposed stay is
limited. The agency therefore believes it is more appropriate to
consider the impact on minority populations and low-income populations
in the context of any substantive changes proposed as part of
reconsideration.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping.
[[Page 27644]]
Dated: June 12, 2017.
E. Scott Pruitt,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart OOOOa--[AMENDED]
0
2. Section 60.5393a is amended by:
0
a. Staying paragraphs (b) and (c) from [DATE OF PUBLICATION OF FINAL
RULE IN THE Federal Register] until [DATE 90 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register]; and
b. Adding paragraph (f).
The addition reads as follows:
Sec. 60.5393a What GHG and VOC standards apply to pneumatic pump
affected facilities?
* * * * *
(f) Pneumatic pumps at a well site are not subject to the
requirements of paragraphs (d) and (e) of this section from [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register] until [DATE 90 DAYS
AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
Sec. 60.5397a [AMENDED]
3. Section 60.5397a is stayed from [DATE OF PUBLICATION OF FINAL
RULE IN THE Federal Register] until [DATE 90 DAYS AFTER DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register].
4. Section 60.5410a is amended by:
a. Staying paragraphs (e)(2) through (5) from [DATE OF PUBLICATION
OF FINAL RULE IN THE Federal Register] until [DATE 90 DAYS AFTER DATE
OF PUBLICATION OF FINAL RULE IN THE Federal Register];
b. Adding paragraph (e)(8); and
c. Staying paragraph (j) from [DATE OF PUBLICATION OF FINAL RULE IN
THE Federal Register] until [DATE 90 DAYS AFTER DATE OF PUBLICATION OF
FINAL RULE IN THE Federal Register].
The addition reads as follows:
Sec. 60.5410a How do I demonstrate initial compliance with the
standards for my well, centrifugal compressor, reciprocating
compressor, pneumatic controller, pneumatic pump, storage vessel,
collection of fugitive emissions components at a well site, collection
of fugitive emissions components at a compressor station, and equipment
leaks and sweetening unit affected facilities at onshore natural gas
processing plants?
* * * * *
(e) * * *
(8) Pneumatic pump affected facilities at a well are not subject to
the requirements of paragraphs (e)(6) and (7) of this section from
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register] until [DATE
90 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
* * * * *
0
5. Section 60.5411a is amended by:
0
a. Revising the introductory text;
0
b. Staying paragraph (d) from [DATE OF PUBLICATION OF FINAL RULE IN THE
Federal Register] until [DATE 90 DAYS AFTER DATE OF PUBLICATION OF
FINAL RULE IN THE Federal Register]; and
0
c. Adding paragraph (e).
The revision and addition read as follows:
Sec. 60.5411a What additional requirements must I meet to determine
initial compliance for my covers and closed vent systems routing
emissions from centrifugal compressor wet seal fluid degassing systems,
reciprocating compressors, pneumatic pumps and storage vessels?
You must meet the applicable requirements of this section for each
cover and closed vent system used to comply with the emission standards
for your centrifugal compressor wet seal degassing systems,
reciprocating compressors, pneumatic pumps and storage vessels except
as provided in paragraph (e) of this section.
* * * * *
(e) Pneumatic pump affected facilities at a well site are not
subject to the requirements of paragraph (a) of this section from [DATE
OF PUBLICATION OF FINAL RULE IN THE Federal Register] until [DATE 90
DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
6. Section 60.5415a is amended by:
a. Revising paragraph (b) introductory text and adding paragraph
(b)(4); and
b. Staying paragraph (h) from [DATE OF PUBLICATION OF FINAL RULE IN
THE Federal Register] until [DATE 90 DAYS AFTER DATE OF PUBLICATION OF
FINAL RULE IN THE Federal Register].
The revision and addition read as follows:
Sec. 60.5415a How do I demonstrate continuous compliance with the
standards for my well, centrifugal compressor, reciprocating
compressor, pneumatic controller, pneumatic pump, storage vessel,
collection of fugitive emissions components at a well site, and
collection of fugitive emissions components at a compressor station
affected facilities, and affected facilities at onshore natural gas
processing plants?
* * * * *
(b) For each centrifugal compressor affected facility and each
pneumatic pump affected facility, you must demonstrate continuous
compliance according to paragraph (b)(3) of this section except as
provided in paragraph (b)(4) of this section. For each centrifugal
compressor affected facility, you also must demonstrate continuous
compliance according to paragraphs (b)(1) and (2) of this section.
* * * * *
(4) Pneumatic pump affected facilities at a well site are not
subject to the requirements of paragraph (b)(3) of this section from
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register] until [DATE
90 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
* * * * *
7. Section 60.5416a is amended by revising the introductory text
and adding paragraph (d) to read as follows:
Sec. 60.5416a What are the initial and continuous cover and closed
vent system inspection and monitoring requirements for my centrifugal
compressor, reciprocating compressor, pneumatic pump, and storage
vessel affected facilities?
For each closed vent system or cover at your storage vessel,
centrifugal compressor, reciprocating compressor and pneumatic pump
affected facilities, you must comply with the applicable requirements
of paragraphs (a) through (c) of this section, except as provided in
paragraph (d) of this section.
* * * * *
(d) Pneumatic pump affected facilities at a well site are not
subject to the requirements of paragraphs (a) and (b) of this section
from [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register] until
[DATE 90 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register].
8. Section 60.5420a is amended by:
a. Revising paragraph (b) introductory text;
b. Staying paragraphs (b)(7), (8), and (12) from [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register] until [DATE 90 DAYS
AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register];
[[Page 27645]]
c. Adding paragraph (b)(13); and
d. Staying paragraphs (c)(15) through (17) from [DATE OF
PUBLICATION OF FINAL RULE IN THE Federal Register] until [DATE 90 DAYS
AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
The revision and addition read as follows:
Sec. 60.5420a What are my notification, reporting, and recordkeeping
requirements?
* * * * *
(b) Reporting requirements. You must submit annual reports
containing the information specified in paragraphs (b)(1) through (8)
and (12) of this section and performance test reports as specified in
paragraph (b)(9) or (10) of this section, if applicable, except as
provided in paragraph (b)(13) of this section. You must submit annual
reports following the procedure specified in paragraph (b)(11) of this
section. The initial annual report is due no later than 90 days after
the end of the initial compliance period as determined according to
Sec. 60.5410a. Subsequent annual reports are due no later than same
date each year as the initial annual report. If you own or operate more
than one affected facility, you may submit one report for multiple
affected facilities provided the report contains all of the information
required as specified in paragraphs (b)(1) through (8) of this section,
except as provided in paragraph (b)(13) of this section. Annual reports
may coincide with title V reports as long as all the required elements
of the annual report are included. You may arrange with the
Administrator a common schedule on which reports required by this part
may be submitted as long as the schedule does not extend the reporting
period.
* * * * *
(13) The collection of fugitive emissions components at a well site
(as defined in Sec. 60.5430a), the collection of fugitive emissions
components at a compressor station (as defined in Sec. 60.5430a), and
pneumatic pump affected facilities at a well site (as defined in Sec.
60.5365a(h)(2)) are not subject to the requirements of paragraph (b)(1)
of this section from [DATE OF PUBLICATION OF FINAL RULE IN THE Federal
Register] until [DATE 90 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE
IN THE Federal Register].
* * * * *
[FR Doc. 2017-12473 Filed 6-15-17; 8:45 am]
BILLING CODE 6560-50-P